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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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Philadelphia Reports, Volum 10

Henry Edward Wallace - 1879
...etc., and, as we understand the rule, upon proof by affidavit that the matter of the proposed amendment could not, with reasonable diligence, have been sooner introduced into the bill. The plaintiffs have not offered to withdraw the replication, nor is it claimed that the reasonable...
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The Federal Reporter, Volum 118

1903
...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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Federal Practice: Consisting of the Statutes of the United States Relating ...

William Edward Miller, George Washington Field - 1881 - 716 sider
...(JC, 342, By the 29th rule a bill is not amendable after replication filed, unless the plaintiff shows that " the matter of the proposed amendment is material,...reasonable diligence, have been sooner introduced." If the amendment asked for, be the introduction of a new party to the bill, whose interest was known...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volum 15

1885
...of action.] This is an amendment after replication filed. It has to be made upon affidavit that it "could not with reasonable diligence have been sooner introduced into the bill." (Equity Rule, § 50.) How can it be said that reasonable diligence has been used? When the bill was...
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Atlantic Reporter, Volum 50

1902
...order of the court upon notice to the defendant or his solicitor, and upon proof by affidavit that the proposed amendment is material and could not with...diligence have been sooner introduced into the bill, and upon such terms as may be Imposed for the speeding of the cause. 10. Every motion to amend shall...
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The Atlantic Reporter, Volum 37

1897
...application was not made for the purpose of vexation or delay, or that the matter of the amendment could not with reasonable diligence have been sooner introduced Into the bill, as required by rule 10. The introduction of the amendment shifted the ground of action by Introducing...
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Equity Practice in the United States Circuit Courts: A Compilation of the ...

Oliver Perry Shiras - 1889 - 149 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,...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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The Pacific Reporter, Volum 20

1889
...proven by the witnesses. Affiant states that said motion is not made for vexation or delay, but that the proposed amendment is material, and could not...diligence have been sooner introduced into the bill; that the principal witness from whom said alliant obtained said information was one of the solicitors...
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Text-book of the Patent Laws of the United States of America

Albert Henry Walker - 1889 - 769 sider
...upon proof by affidavit that the application is not made for the purpose of vexation or delay, and that the matter of the proposed amendment is material, and could, not with reasonable diligence have sooner been introduced into the bill, and upon the plaintiff submitting to such other terms as may...
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An Analysis of the Principles of Equity Pleading: Containing a Compendium of ...

Denis George Lubé - 1889 - 542 sider
...same is not made for the purpose of vexation or delay, or that the matter of the proposed amendment ia material, and could not with reasonable 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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