 | Henry Thurstan Holland - Procedure (Law) - 1853 - 408 pages
...without costs, and upon such terms as to the court or judge may seem fit ; and all such amendments as may be necessary for the purpose of determining in...controversy between the parties shall be so made. In Cornish v. Hawkim, 20 LT, 95 QB, the court granted a rule nist to try the question whether, under... | |
 | Law - 1853 - 592 pages
...without costs, and upon such terms as to the Court or judge may seem tit; and all such amendments as may be necessary for the purpose of determining in...suit the real question in controversy between the two parties shall be so made." His lordship granted the application, on the ground that notice had... | |
 | Edmund Hatch Bennett, Chauncey Smith - Law reports, digests, etc - 1853 - 684 pages
...power to make this amendment upon one of our own records? We may make "all such amendments as maybe necessary for the purpose of determining in the existing...real question in controversy between the parties." Here the real question is, whether there is a debt, and whether it is barred or not by the Statute... | |
 | Henry Thurstan Holland, Thomas Chandler, Charles Edward Pollock - Common law - 1854 - 380 pages
...without costs, and upon such terms as to the Court or Judge may seem fit ; and all such amendments as may be necessary for the purpose of determining in...controversy between the parties shall be so made, if duly applied for. XCVII. It shall be lawful for the Judges of the said Courts, or any eight or more... | |
 | William Mawdesley Best - Cross-examination - 1854 - 930 pages
...without costs, and upon such terms as to the court or judge may seem fit; and all such amendments as may be necessary for the purpose of determining in...in controversy between the parties shall be so made (I)." (I) See Mitchell v. Crasswellcr, 17 Jurist, 716. 360 PRIMARY RULES OF EVIDENCE. 11 & 12 Viet.... | |
 | John Thompson (Barrister-at-law) - 1854 - 214 pages
...without costs, and upon such terms as to the court or judge may seem fit ; and all such amendments as may be necessary for the purpose of determining in...controversy between the parties shall be so made, if duly applied for. This clause is similar to s. 222 of 15 & 16 Viet. c. 76, (Com. L. Proc. Act, 1852.)... | |
 | Law - 1854 - 836 pages
...upon sucii 190 191 terms as to the court or judge may seem fit ; and nil such amendments as may he necessary for the purpose of determining in the existing...controversy between the parties shall be so made, if duly applied for. 98 It shall be lawful for the judges of the said courts, or any eight or more... | |
 | Robert Malcolm Kerr - Procedure (Law) - 1854 - 270 pages
...have been added. It has been decided that the words of the former statute, "all such amendments as may be necessary for the purpose of determining in...question in controversy between the parties shall be made " are not imperative, and do not take away the discretion of the court to allow the amendment... | |
 | Law - 1854 - 570 pages
...existing powers of amendment, which, under sect. 222 of the 15 & 16 Viet. c. 76, extend so far " as may be necessary for the purpose of determining in...real question in controversy between the parties." Pleaders must be more careful than ever in their use of counts and pleas, for a power is given to "... | |
 | Law - 1854 - 572 pages
...existing powers of amendment, which, under «t. 222 of the 15 & 16 Viet. c. 76, extend so far " as "ttv be necessary for the purpose of determining in the...real question in controversy between the parties." Pleaders must be more careful |Ьм ever in their use of counts and pleas, for a power is given to... | |
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... whether there is anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the court or judge may seem... 
