 | Harding Grant - Equity pleading and procedure - 1829 - 632 pages
...for any other purpose : but now, by Order XV. of the " New Orders," of April 1828, it is directed, " that after a replication has been filed, the plaintiff...permitted to withdraw it, and to amend the bill, without the special order of the Court for that purpose, made upon a motion of which notice has been given,... | |
 | Esq. John Newland - Equity pleading and procedure - 1830 - 842 pages
...plaintiff had undertaken to speed the cause. (c) But by the 15th of the General Orders of 1828, after replication has been filed, the plaintiff shall not...special order of the court for that purpose, made upon motion, of which notice has been given ; the court being satisfied, by affidavits, (a) Andree v. ,... | |
 | Law reports, digests, etc - 1839 - 576 pages
...Court shall in the meantime on special motion make order to the contrary. Withdrawing Replication. III. That after a replication has been filed, the plaintiff shall not be permitted to withdraw it and amend the bill without special motion, supported by affidavit, stating the substance of the proposed... | |
 | Great Britain. Court of Chancery, Charles Purton Cooper - Equity - 1841 - 720 pages
...the answers had become sufficient. Stewart v. Service, 1 Lloyd & Goold, tempore Plunket, 303. ORDER 15.—" That after a replication has been filed the...special order of the Court for that purpose, made " upon motion, of which notice has been given ; the Court being " satisfied by affidavit that the matter of... | |
 | John Sidney Smith - Equity pleading and procedure - 1842 - 766 pages
...answer and afterwards withdrawing his replication and amending his bill. By the 15 NO it is ordered, that after a replication has been filed the plaintiff...*special order of the Court for that purpose, made [ *326 ] upon a motion, of which notice has been given ; the Court being satisfied by affidavit that... | |
 | George Goldsmith - Equity pleading and procedure - 1843 - 118 pages
...0. afier a replication had been filed the plaintiff was not permitted to withdraw it and amend his bill without a special order of the court for that purpose made upon motion, of which notice had been given ; the court being satisfied by affidavit r .,.„. -• that... | |
 | United States. Supreme Court - Courts - 1843 - 460 pages
...payment of costs, as the court or a judge thereof may in his discretion direct. But after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice... | |
 | Joseph Story - Equity - 1844 - 970 pages
...payment of costs, as the Court or a judge thereof may in his discretion direct. But after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his Bill, except upon a special order of a judge of the Court, upon motion or petition, after due notice... | |
 | Edmund Robert Daniell - Equity pleading and procedure - 1845 - 566 pages
...however been removed by the fifteenth of Lord Lyndhurst's orders, by which it has been ordered that afier replication has been filed, the plaintiff shall not...notice has been given, the Court being satisfied by affiilaml that the matter of the proposed amendment is material^ and could not with reasonable diligence... | |
 | Great Britain. Court of Chancery - Equity - 1846 - 730 pages
...and signed by counsel, and that they are material to the Plaintiff's case. The 151h Order prescribes that, after a replication has been filed, the Plaintiff shall not be permitted to withdraw it and amend his bill, •without a special order made on a motion, with notice, and supported by affidavit... | |
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But after replication filed, the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice to the other party, and upon proof by affidavit, that... 
