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" ... is not made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable diligence have been sooner introduced into the bill... "
The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ... - Side 328
1851
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The Orders of the High Court of Chancery: From Hilary V. 1828 to Mich. T ...

Samuel Miller - 1842 - 414 sider
...Woodroffe v. Daniel, 9 Sim. 410. BILL, Amendment of— continued. who is to be satisfied by affidavit that the matter of the proposed amendment is material, and could not with reasonable diltgence have been sooner introduced into the bill, the application for such purpose, as well as all...
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United States Reports: Cases Adjudged in the Supreme Court, Volum 42

United States. Supreme Court - 1843
...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,...diligence have been sooner introduced into the bill, and upon the plaintiff's submitting to such other terms as may be imposed by the judge for speeding...
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Reports of Cases Adjudged in the High Court of Chancery: Before the ..., Volum 1

Great Britain. Court of Chancery, Thomas Hare - 1843
...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." The jurisdiction of the Court in this respect has been transferred to the Master, without altering...
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A Treatise on the Practice of the Court of Chancery: With an ..., Volum 1

Oliver Lorenzo Barbour - 1843
...replication, for the purpose of atnending.(a) Upon which application he must satisfy the court, by affidavit, that the matter of the proposed amendment is material,...diligence, have been sooner introduced into the bill. (6) But this practice does not apply to amendments by merely adding parties, after replication. (c)...
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The Doctrine and Practice of Equity: Or, A Concise Outline of Proceedings in ...

George Goldsmith - 1843 - 112 sider
...been given ; the court being satisfied by affidavit r .,.„. -• that the *proposed amendment was material, and could •- •" not with reasonable...diligence have been sooner introduced into the bill ; but such application must now be made to the master in ordinary. 3 & 4 VV. 4, c. 94, sec. 13. But...
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The New Chancery Practice: Being a Condensed Treatise of The Practice of the ...

Hubert Ayckbourn - 1844 - 537 sider
...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." At the time of issuing these orders, all applications to amend were made to the Court itself; but by...
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Commentaries on Equity Pleadings, and the Incidents Thereof: According to ...

Joseph Story - 1844 - 923 sider
...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 is properly at issue, when the replication is in, and the pleadings are closed; and, at farthest, when...
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The Country-solicitor's Practice in the High Court of Chancery: To which is ...

John Gray - 1845 - 431 sider
...satisfied by affidavit of the plaintiff and his solicitor, or the solicitor alone if plaintiff cannot join, that the matter of the proposed amendment is material,...diligence have been sooner introduced into the bill. The decisions of the Master on these applications may be appealed from if either party think it worth...
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The Jurist, Volum 8,Del 2

1845
...must be obtained npon 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. By the 20th Order of December, 1833, this application is expressly directed to be made to the Master....
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The Doctrine and Practice of Equity: Or, A Concise Outline of Proceedings in ...

George Goldsmith (A.M.) - 1845 - 275 sider
...deemed sufficient, for which a special application must be made, grounded upon an affidavit shewing that the matter of the proposed amendment is material,...reasonable diligence, have been sooner introduced into bill (I). The above-mentioned affidavits as to the necessity of the amendments are, by the LXIX. Ord....
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