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" ... made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable diligence have been sooner introduced into the bill... "
Reports of Some Cases Adjudged in the Courts of the Lord Chancellor, Master ... - Σελίδα 402
των Great Britain. Court of Chancery, Charles Purton Cooper - 1841 - 676 σελίδες
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Reports of Cases in Chancery, Argued and Determined in the Rolls ..., Τόμος 14

Great Britain. Court of Chancery, Charles Beavan - 1851 - 26 σελίδες
...required by the 68th Order of 8th of May 1845 (a), " that the matter of the proposed amendment was material, and could not with reasonable diligence have been sooner introduced into the bill," obtained leave to amend, and, having done so, he served the subpoena on the Defendant's solicitor (6)....

Practice of the Court of Chancery: With an Appendix, Containing All the ...

Solomon Atkinson - 1842 - 580 σελίδες
...amend the bill, without a special and amend is ' order of the Court for that purpose, made upon a ' motion, of which notice has been given; the Court...not, ' with reasonable diligence, have been sooner intro' duced into the bill." As to this order, it may be observed, once for all, that it does not apply...

The Orders of the High Court of Chancery: From Hilary V. 1828 to Mich. T ...

Samuel Miller - 1842 - 518 σελίδες
...before the Master. — Woodroffe v. Daniel, 9 Sim. 410. BILL, Amendment of— continued. who is to be satisfied by affidavit that the matter of the proposed...amendment is material, and could not with reasonable diltgence have been sooner introduced into the bill, the application for such purpose, as well as all...

A Treatise on the Practice of the Court of Chancery: With an ..., Τόμος 1

John Sidney Smith - 1842 - 766 σελίδες
...13, the application is now made to the Master. To support the application, an affidavit is made that the proposed amendment is material and could not,...reasonable diligence, have been sooner introduced into the bill.(2)[6] If, after replication filed, the plaintiff has on special leave amended his bill in such...

Reports of Cases Adjudged in the High Court of Chancery ..., Τόμος 1;Τόμος 45

Great Britain. Court of Chancery, Thomas Hare - 1843 - 832 σελίδες
...withdraw it, and to amend the bill, without a special order of the Court for that purpose, made upon a motion, of which notice has been given ; the Court...diligence, have been sooner introduced into the bill." The jurisdiction of the Court in this respect has been transferred to the Master, without altering...

United States Reports: Cases Adjudged in the Supreme Court, Τόμος 42

United States. Supreme Court - 1843 - 460 σελίδες
...party, and upon proof by affidavit, that the same is not made for the purpose of vexation or delay, or that the matter of the proposed amendment is material,...diligence have been sooner introduced into the bill, and upon the plaintiff's submitting to such other terms as may be imposed by the judge for speeding...

A Treatise on the Practice of the Court of Chancery: With an ..., Τόμος 1

Oliver Lorenzo Barbour - 1843 - 814 σελίδες
...to withdraw it and amend his bill, without a special order of the court for that purpose made upon a motion of which notice has been given ; the court...satisfied by affidavit that the matter of the proposed amendments is material, and could not, with reasonable diligence, have been sooner introduced into...

The Doctrine and Practice of Equity: Or, A Concise Outline of Proceedings in ...

George Goldsmith - 1843 - 118 σελίδες
...been given ; the court being satisfied by affidavit r .,.„. -• that the *proposed amendment was material, and could •- •" not with reasonable...diligence have been sooner introduced into the bill ; but such application must now be made to the master in ordinary. 3 & 4 VV. 4, c. 94, sec. 13. But...

The New Chancery Practice: Being a Condensed Treatise of The Practice of the ...

Hubert Ayckbourn - 1844 - 570 σελίδες
...withdraw it and to amend the bill without a special Order of the Court for that purpose, made upon a motion, of which notice has been given ; the Court...diligence, have been sooner introduced into the bill. 16. — That where the answer of a defendant is to be deemed sufficient, whether it be in term time...

Commentaries on Equity Pleadings, and the Incidents Thereof: According to ...

Joseph Story - 1844 - 970 σελίδες
...party, and upon proof by affidavit, that the same is not made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not is properly at issue, when the replication is in, and the pleadings are closed; and, at farthest, when...




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