 The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or...  The Statutes of the Territory of Kansas - Page 83by Kansas - 1858Full view - About this book
 | Civil procedure - 1857 - 610 pages
...proper, amend any pleading or proceeding, by, &c., or, when the amendment does not substantially change the claim or defence, by conforming the pleading or proceeding to the facts proved. The authorities we have referred to are as follows. In Rayner v. Clark, (7 Barb., 582), in the fifth... | |
 | Austin Abbott - Civil procedure - 1858 - 610 pages
...such terms as may be proper, amend any pleading, process, or proceeding, "by adding or striking out the name of any party ; or by correcting a mistake...conforming the pleading or proceeding to the facts proved." This liberal feature in the practice was an innovation upon the former practice of the court, if not... | |
 | California - Civil procedure - 1858 - 320 pages
...and on 3<n> suc^ terms as may be proper, amend any pleading or proceedings by adding or striking out the name of any party, or by correcting a mistake...name of a party,! or a mistake in any other respect, and may, upon like terms, enlarge the time for an answer or demurrer, or demurrer to an answer filed.... | |
 | John Duer - Law reports, digests, etc - 1858 - 794 pages
...proper, amend any pleading or proceeding by, etc., or when the amendment does not substantially change the claim or defence, by conforming the pleading or proceeding to the facts proved. Raynor v. Clarkt and Lawrence (7 Barb., 582), and Clark v. Daly (20 Barbour, 67), are instances in... | |
 | California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...on such amend. terms as may be proper, amend any pleading or proceedings by adding or striking out the name of any party, or by correcting a mistake in the name of any party, or a mistake in any other respect, and may, upon like terms, enlarge the time for an answer,... | |
 | Nebraska - Session laws - 1859 - 464 pages
...be proper, amend any a"'a," y uSe. ng " pleading, process or proceeding, by adding or striking out the name of any party, or by correcting a mistake...amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved. And whenever any proceeding... | |
 | Kansas - Session laws - 1859 - 726 pages
...proper, am. id ~\ any pleading or proceeding, by adding or striking out the name v of апУ PartJ) or by correcting a mistake in the name of a party, or by inserting other allegations material to the case, when the amendment does not change substantially... | |
 | Nathan Howard (Jr.) - Civil procedure - 1860 - 620 pages
...amendment of any pleading, process or proceeding, by adding or striking out the name of any party, by correcting a mistake in the name of a party, or...when the amendment does not change substantially The Union Bank agt. Mott. the claim or defence, by conforming the pleading or proceeding to the facts proved.... | |
 | George Caines - Law reports, digests, etc - 1854 - 764 pages
...justice, and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party, or by correcting a mistake...inserting other allegations material to the case, when the amendment does not change substantially the claim or defence by conforming the pleading or... | |
 | Nathan Howard (Jr.) - Civil procedure - 1860 - 620 pages
...after judgment, in furtherance of justice, and on such terms as may be proper to amend any pleading," by inserting other allegations material to the case,...conforming the pleading or proceeding to the facts proved. The allegations proposed to be inserted in the complaint were not " material to the case," that is,... | |
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