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" ... that the matter of the proposed amendment is material, and could not with reasonable diligence have been sooner introduced into the bill... "
The Statutes for Amending the Practice in Chancery: For the Abolition of the ... - Page 10
by Leonard Shelford - 1852 - 274 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
...has been given ; the Court being satisfied by affidavit that the matter of the proposed amendment is material, and could not, with reasonable 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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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
...has been given; the Court being satisfied by affidavit that the matter of the proposed amendment is material, and could not, with reasonable 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 Practice of the High Court of Chancery, Under the New Orders ..., Volume 1

Harding Grant - Equity pleading and procedure - 1829 - 632 pages
...has been given, the Court being satisfied, by affidavit, that the matter of the proposed amendment is material, and could not, with reasonable 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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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1830 - 1076 pages
...has been given ; the Court being satisfied by affidavit that the matter of the proposed amendment is material, and could not, with reasonable 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 - 844 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 - 1846 - 532 pages
...is not to be granted without further affidavit, shewing that the matter of the proposed amendment is material, and could not, with reasonable diligence, have been sooner introduced into such bill." Ord. Can. 308 ; 14 Law J. Rep. (Ns) Chanc. 290. U therefore the Court had no jurisdiction...
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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
...application for leave to amend under the 68th Order of May 1845, the party must not only pledge his oath that the proposed amendments are material and could not, with reasonable diligence, be sooner introduced, but must also set forth in his affi2U davit such a case as will satisfactorily...
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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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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
...been given ; the Court being " satisfied by affidavit that the matter of the proposed amendment " is material, and could not, with reasonable 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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