 | Law reports, digests, etc - 1899 - 2060 pages
...their own practice as may be necessary or convenient for the advancement, of justice,'' and permit parties to "amend any defect in the process or pleadings, upon such conditions'' as they shall, in their discretion and by their rales, prescribe. The circuit courts are not bound to... | |
 | William Edward Miller - Courts - 1881 - 728 pages
...amend every such defect and want of form, other than those which the party demurring so expresses; and may at any time permit either of the parties to amend...the process or pleadings, upon such conditions as it shall, in its discretion and by its rules, prescribe. 24 Sept., 1789, c. 20, s. 32, v. 1, p. 91.... | |
 | Law - 1881 - 556 pages
...introduce additional evidence if he desired.' By section 954, USR 8., the trial court may at anytime permit either of the parties to amend any defect in the process or pleadings upon such conditions as it shall in its discretion or by its rules prescribe. Held, that this clearly authorizes the allowance... | |
 | United States. Supreme Court - Law reports, digests, etc - 1885 - 1302 pages
...stipulation in writing, that a cause be tried by the court, is a waiver or a jury. 2. The trial court may at any time permit either of the parties to amend...in the process or pleadings, upon such conditions ns it shall prescribe. 3. When such an amendment is permitted, the court must, in its discretion, determine... | |
 | Law reports, digests, etc - 1904 - 906 pages
...arrested, quashed, or reversed for any defect or want of form, . . . and may at any time permit cither of the parties to amend any defect in the process or pleadings, upon such conditions as it shall, in its discretion and by its rules, prescribe." The question of the power of amendment has... | |
 | Law reports, digests, etc - 1884 - 762 pages
...By the judiciary act of 1789, ch. 20, s. 32, it is enacted that all the courts of the United States may, at any time, permit either of the parties "to...their discretion, and by their rules, prescribe." The language of this section is sufficiently comprehensive to sustain the application for amendments... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1895 - 766 pages
...every such defect and want of form, other than those which the party demurring so expresses ; and " may at any time permit either of the parties to amend...the process or pleadings, upon such conditions" as it shall, in its discretion and by its rules, prescribe. Act of September 24, 1789, c. 20, § 32 ;... | |
 | United States. Supreme Court - Law reports, digests, etc - 1846 - 764 pages
...Judiciary Act, before referred to, expressly empowers " any court of the United States " " at any time to permit either of the parties to amend any defect in the process or pleadings." Lit. & Brown's ed. 91. All know that a repleader is little more in substance than permitting an amendment.... | |
 | Law reports, digests, etc - 1894 - 1150 pages
...amendments in matters of form only. We do not so construe the statute. The language is: "The court may at any time permit either of the parties to amend any defect In the» process or pleadings, with or without terms, In the discretion of the court, or in pursuance of general rules." "Any defect"... | |
 | Law reports, digests, etc - 1894 - 1156 pages
...good, notwithstanding the omission of immaterial matter or prescribed forms; and the court may at iiny time permit either of the parties ,to amend any defect in the process or pleadings, with or without terms, in the discretion of the court, or in pursuance of general rules." We fail to... | |
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... may at any time permit either of the parties to amend any defect in the process or pleadings, upon such conditions as it shall, in its discretion and by its rules, prescribe. 
