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" 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 to the other party, and upon proof by affidavit that... "
The New Federal Equity Rules: Promulgated by the United States Supreme Court ... - Page 49
by United States. Supreme Court - 1924 - 331 pages
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The Equity Draftsman: Being a Selection of Forms of Pleading in ..., Volume 1

Frederick Miles Van Heythuysen - Equity pleading and procedure - 1828 - 554 pages
...purpose, made upon a motion of which notice has been given ; the Court being satisfied by affidavit that the matter of the proposed amendment is material,...diligence, have been sooner introduced into the bill. After replication, no amendment to be made without special order. XVI. THAT where the answer of a defendant...
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The Practice of the High Court of Chancery, Under the New Orders ..., Volume 1

Harding Grant - Equity pleading and procedure - 1829 - 632 pages
...purpose, made upon a motion of which notice has been given, the Court being satisfied, by affidavit, that the matter of the proposed amendment is material,...diligence, have been sooner introduced into the bill." New Order XIV. New Order XIX. And, by the XlVth Order, it is directed that every order to amend shall...
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Reports of Cases Argued and Determined in the High Court of ..., Volume 2

Great Britain. Court of Chancery, James Russell - Court rules - 1829 - 724 pages
...purpose, made upon a motion, of which notice has been given; the Court being satisfied by affidavit that the matter of the proposed amendment is material,...diligence, have been sooner introduced into the bill. XVI. THAT where the answer of a Defendant is to be Dismissal for deemed sufficient, whether it be in...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1830 - 1076 pages
...purpose, made upon a motion, of which notice has been given ; the Court being satisfied by affidavit that the matter of the proposed amendment is material,...diligence, have been sooner introduced into the bill." Mr. Rolfe, for the defendant, had moved, under the sixteenth order, (a term having elapsed from the...
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The Practice of the High Court of Chancery: To which is Added a ..., Volume 1

Esq. John Newland - Equity pleading and procedure - 1830 - 842 pages
...Ravenscroft, 22nd Nov. 1810; Mad. 268. Selby y. Ord, 20th Nov. 1822; Sims v, Ridge, 20th Dec. 1 823. material, and could not, with reasonable diligence, have been sooner introduced into the bill. Regularly after publication, the bill cannot be amended, except by adding parties, and which will be...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1851 - 752 pages
...sufficient, a special order for leave to amend a bill is not to be granted, without further affidavit shewing that the matter of the proposed amendment is material,...reasonable diligence, have been sooner introduced into such bill." In this suit the Midland Great Western Railway Company of Ireland were the sole defendants....
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A Treatise on the Practice of the Court of Chancery, Volume 2

John Sidney Smith - Equity pleading and procedure - 1835 - 718 pages
...affidavit is made after replication, the affidavit should add that the matter of the proposed amendment could not with reasonable diligence have been sooner introduced into the bill. 29. Affidavit in support of a Motion that service of a subpoena on the Defendant's Attorney in an Action...
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An Epitome of the Practice of the High Court of Chancery: As Altered by the ...

William Richardson - Equity pleading and procedure - 1838 - 168 pages
...purpose, made upon a motion, of which notice has been given ; the Court being satisfied by affidavit that the matter of the proposed amendment is material, and could not, with reasonable diligence, haye been sooner introduced into the bill. Dismissing Bill, * 16. — That where the answer of a defendant...
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Reports of Cases in Chancery, Argued and Determined in the Rolls ..., Volume 14

Great Britain. Court of Chancery, Charles Beavan - Equity - 1851 - 26 pages
...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)....
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Reports of Some Cases Adjudged in the Courts of the Lord ..., Volume 1

Great Britain. Court of Chancery, Charles Purton Cooper - Equity - 1841 - 720 pages
...purpose, made " upon motion, of which notice has been given ; the Court being " satisfied by affidavit that the matter of the proposed amendment " is material,...diligence, have been " sooner introduced into the bill." Reasonable diligence.—The original bill was filed April, 1834. The six weeks for amending, after...
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