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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... "
Transactions of the National Association for the Promotion of Social Science - Page 236
by National Association for the Promotion of Social Science (Great Britain) - 1869
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The Exchequer Reports: Reports of Cases Argued and Determined in the Courts ...

Edwin Tyrrell Hurlstone, John Paxton Norman, Great Britain. Court of Exchequer - Law reports, digests, etc - 1857 - 1036 pages
...section of the Common Law Procedure Act, 1852, directs, "that all such amendments shall be made as may be necessary for the purpose of determining, in...real question in controversy between the parties." The real question between the parties here was, whether the defendant wrote a letter containing the...
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A Manual of the Practice and Evidence in Actions and Other Proceedings in ...

James Edward Davis - Civil procedure - 1857 - 454 pages
...with or without costs, and upon such terms as to the Judge may seem fit; and all such amendments as may be necessary for the purpose of determining in...the real question in controversy between the parties shall be so made, if duly applied for (u). Substitution of Name of third Partil as Defendant.] —...
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Pollock's Practice of the County Courts: With the Devisions of the ..., Page 776

Sir Charles Edward Pollock - Civil procedure - 1857 - 776 pages
...with or without costs, and upon such terms as to the judge seem fit ; and all such amendments as are necessary for the purpose of determining in the existing...the real question in controversy between the parties must be made, if duly applied for (r). When title comes in tjucstion. When Title comes in question.]...
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A Treatise on the Law of Evidence, as Administered in England and ..., Volume 1

John Pitt Taylor - Evidence (Law) - 1858 - 898 pages
...with or without costs, and upon such terms as to the judge may seem fit ; and all such amendments as may be necessary for the purpose of determining in...the real question in controversy between the parties shall be so made, if duly applied for." § 201. The Civil Bill Courts in Ireland are intrusted with...
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Cases Argued and Determined in the Court of Common Pleas and in ..., Volume 2

John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1858 - 568 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 the existing suit the real question in con*±±~\ troversy between the parties shall be *so made." There are issues J of fact now upon the...
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The Principles and Practice of the Law of Evidence

Edmund Powell - Evidence (Law) - 1859 - 540 pages
...any proceedings under the provisions of this act;" and it is also directed that such amendments " as may be necessary for the purpose of determining, in...real question in controversy between the parties, shall be so, made, if duly applied for." These two statutes do not appear to have had the effect of...
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Digest of the Decisions of the Courts of England Contained in The English ...

Chauncey Smith - Law - 1859 - 946 pages
...party applying for the amendment to a new trial, upon his satisfying tbe court that the amendment was necessary for the purpose of determining in the existing...real question in controversy between the parties. The propriety of allowing the amendment is left to the discretion of the judge. Bridger v. Cay, xxviii....
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A Manual of the Practice of the Court of Probate, Volume 645

Alexander Staveley Hill - Probate law and practice - 1859 - 328 pages
...the action from the opposite side, not only with a view to secure evidence for the trial, but also for the purpose of determining in the existing suit...real question in controversy between the parties. 3. After Issue joined (s. 31). — The parties to the suit may verify their cases by affidavit, subject...
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The Consolidated Statutes for Upper Canada

Ontario - Law - 1859 - 1250 pages
...upon such terms as to the Court or Judge seems fit, and all such amendments as may bo necessary lor the purpose of determining in the existing suit the...real question in controversy between the parties, shall be so made. 19 ^ c. 43, s. 291. Party COSTS OF THE DAT. 333. The Act of the Parliament of Great...
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Selwyn's Abridgement of the Law of Nisi Prius, Volume 2

William Selwyn - Nisi prius - 1861 - 874 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...the real question in controversy between the parties shall be so made, if duly applied for." These enactments, it will be observed, are in substance the...
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