 | Frederick Miles Van Heythuysen - Equity pleading and procedure - 1828 - 554 pages
...been made. Every order to amend to contain an undertaking to amend within 3 weeks. Vide No. XIX. XV. THAT after a replication has been filed, the plaintiff...special order of the Court for that purpose, made upon a motion of which notice has been given ; the Court being satisfied by affidavit that the matter of... | |
 | Harding Grant - Equity pleading and procedure - 1829 - 632 pages
...for any other purpose : but now, by Order XV. of the " New Orders," of April 1828, it is directed, " that after a replication has been filed, the plaintiff...permitted to withdraw it, and to amend the bill, without the special order of the Court for that purpose, made upon a motion of which notice has been given,... | |
 | Great Britain. Court of Chancery, James Russell - Court rules - 1829 - 724 pages
...has been filed the Plaintiff Amendment shall not be permitted to withdraw it and to amend ca ti 0 n. the bill without a special order of the Court for that purpose, made upon a motion, of which notice has been given; the Court being satisfied by affidavit that the matter of... | |
 | Esq. John Newland - Equity pleading and procedure - 1830 - 842 pages
...plaintiff had undertaken to speed the cause. (c) But by the 15th of the General Orders of 1828, after replication has been filed, the plaintiff shall not...notice has been given ; the court being satisfied, by affidavits, (a) Andree v. , 2 (b) Lord Kilcourcy v. Leyf Dick. 768; Blount v. Johnson, 4 Mad. 212.... | |
 | Law reports, digests, etc - 1830 - 1076 pages
...which the motion to dismiss is made. (1) The fifteenth order provides, " That, after a replication lias been filed, the plaintiff shall not be permitted to...special order of the Court for that purpose, made upon a motion, of which notice has been given ; the Court being satisfied by affidavit that the matter of... | |
 | Law reports, digests, etc - 1843 - 602 pages
...because the same are considered to be material to the case of the plaintiff." The 15th Order states, "that after a replication has been filed, the plaintiff...special order of the Court for that purpose, made upon a motion, of which notice has been given ; the Court being satisfied, by affidavit, that the matter... | |
 | Law reports, digests, etc - 1839 - 576 pages
...Court shall in the meantime on special motion make order to the contrary. Withdrawing Replication. III. That after a replication has been filed, the plaintiff shall not be permitted to withdraw it and amend the bill without special motion, supported by affidavit, stating the substance of the proposed... | |
 | Edmund Robert Daniell - Equity pleading and procedure - 1837 - 864 pages
...has been ordered that after replication has been filed, be as special ; ^ie p]ajnt;£f sjiau not j,e permitted to withdraw it and to amend the bill, without...special order of the Court for that purpose made upon a motion of which notice has been given, the Court being satisfied by affidavit that the matter of... | |
 | William Richardson - Equity pleading and procedure - 1838 - 168 pages
...dismiss the bill fpr want of prosecution, stand in the same situation as if such Order had not been made. 15. — That after a replication has been filed the...special Order of the Court for that purpose, made upon a motion, of which notice has been given ; the Court being satisfied by affidavit that the matter of... | |
 | Solomon Atkinson - Equity pleading and procedure - 1842 - 580 pages
...the bill for want of prosecution, stand in the same situation as if such order had not been made. XV. That after a replication has been filed the plaintiff...special order of the Court for that purpose, made upon a motion, of which notice has been given; the Court being satisfied by affidavit that the matter of... | |
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... judge of the court, upon motion or petition, after due notice to the other 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... 
