| Solomon Atkinson - Real property - 1833 - 160 pages
...particular or particulars in the judgment of such court or judge not material to the merits of the case, and by which the opposite party cannot have been prejudiced...the conduct of his action, prosecution, or defence, to be forthwith amended by some officer of the court or otherwise, both in the part of the pleadings... | |
| William Tidd - Civil procedure - 1833 - 440 pages
...particular or particulars in the judgment of such court or judge not material to the merits of the case, and by which the opposite party cannot have been prejudiced...the conduct of his action, prosecution, or defence, to be forthwith amended, by some officer of the court or otherwise, both in the part of the pleadings... | |
| Joseph Chitty - Civil procedure - 1835 - 1032 pages
...in any particular, in the judgment of the Court or judge Hot material to the merits of the case, and by which the opposite party cannot have been prejudiced...the conduct of his action, prosecution, or defence; (a) but it is discretionary to permit an amendment, and if refused, there is no appeal; though when... | |
| Great Britain - Law - 1836 - 756 pages
...No. I. 3 & 4 W. 4, с. 42. Power for the court or judge to direct the facts to be found specially, which the opposite party cannot have been prejudiced...the conduct of his action, prosecution, or defence, (1) to be forthwith amended by some officer of the court or otherwise, both in the part of the pleadings... | |
| Great Britain. Court of Exchequer - Law reports, digests, etc - 1836 - 816 pages
...the most general term used) " a matter not material to the merits of the case," and Exch. of Pleas, by which the opposite party cannot have been prejudiced in the conduct of his action? Certainly it is not. The matter of the amendment is most material to the plaintiff in the conduct of... | |
| William Tidd - Civil procedure - 1837 - 720 pages
...particulars in the judg" ment of such court or judge not material to the merits of the case, " and by which the opposite party cannot have been prejudiced..." conduct of his action, prosecution, or defence, to be forthwith " amended by some officer of the court or otherwise, both in the part " Ryder v. Malbon,... | |
| Great Britain. Court of Exchequer - Court rules - 1837 - 1338 pages
...authorized by 3 & 4 W. 4. c. 42. s. 23. is in " a matter not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action." Now the amendment proposed would change a plea that there was no consideration, into a plea that there... | |
| Jean Louis de Lolme, Archibald John Stephens - Constitutional history - 1838 - 674 pages
...particular or particulars in the judgment of such court or judge not material to the merits of the case, and by which the opposite party cannot have been prejudiced...the conduct of his action, prosecution, or defence, to be forthwith amended by some officer of the court or otherwise, both in the part of the pleadings... | |
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