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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... "
Reports of Some Cases Adjudged in the Courts of the Lord Chancellor, Master ... - Page 406
by Great Britain. Court of Chancery, Charles Purton Cooper - 1841 - 676 pages
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Rules of the Circuit and District Courts of the United States for the ...

United States. Circuit Court (6th Circuit) - Admiralty - 1878 - 472 pages
...payment of costs, as the court, or a judge thereof, may, in his discretion, direct. But after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice...
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The Federal Reporter, Volume 118

Law reports, digests, etc - 1903 - 1116 pages
...accomplish the purpose sought. By the twenty-ninth rule in equity it is provided : "But after replication filed the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice...
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Federal Practice: Consisting of the Statutes of the United States Relating ...

William Edward Miller - Courts - 1881 - 728 pages
...payment of costs, as the court or a judge thereof in his discretion may direct. But after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice...
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Equity Practice in the United States Circuit Courts: A Compilation of the ...

Oliver Perry Shiras - Equity pleading and procedure - 1889 - 160 pages
...payment of. costs, as the court or a judge thereof may in his discretion direct. But after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice...
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Text-book of the Patent Laws of the United States of America

Albert Henry Walker - Patent laws and legislation - 1889 - 852 pages
...payment of costs, as the court or a judge thereof may in his discretion direct. But after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 25

Law reports, digests, etc - 1890 - 636 pages
...answer, plea, or demurrer is under the equity rules of course, but by Rule 10, ยง no, " after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon an order of the Court upon motion or petition, after due notice to the other...
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A Treatise on Federal Practice in Civil Causes: With Special ..., Volume 1

Roger Foster - Courts - 1892 - 812 pages
...payment of costs, as the court or a judge thereof may in his discretion direct. But after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice...
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The Law and Practice in Bankruptcy Under the National Bankruptcy Act of 1898 ...

William Miller Collier - Bankruptcy - 1900 - 918 pages
...payment of costs, as the court or a judge thereof may in his discretion direct. But after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice...
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The Law of Bankruptcy, Being the National Bankruptcy Act, Now in Force: The ...

William Alfred Luby - Bankruptcy - 1901 - 328 pages
...payment of costs, as the court or a judge thereof may in his discretion direct. But after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice...
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A Selection of Cases Illustrating Equity Pleading and Practice: With ...

Eli Richard Shipp, John Broughton Daish - Court rules - 1901 - 430 pages
...payment of costs, as the court or a judge thereof may in his discretion direct. But after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice...
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