 | John Pitt Taylor - Evidence (Law) - 1897 - 840 pages
...without costs, and upon such terms as the judge may think just ; and all such amendments as may be necessary for the purpose of determining the real question in controversy between the parties shall be so made, if duly applied for." Still, if the particulars of the plaintiff's claim do not disclose... | |
 | Western Australia - Law - 1900 - 544 pages
...any other time or place, and to make all such amendments in any proceedings in such court as may be necessary for the purpose of determining the real question in controversy between the parties : Provided that before any such summons as aforesaid shall be issued, the prescribed fee shall be paid... | |
 | Australia. High Court - Law reports, digests, etc - 1913 - 812 pages
...follows previous legislation on the subject, says that ' All such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties.' It seems to me that as soon as it appears that the way in which a party has framed his case will not... | |
 | Canada. Supreme Court - Law reports, digests, etc - 1905 - 660 pages
...and an amendment, if necessary, v. should be made by this court to meet the exigencies of the case for the purpose of determining the real question in controversy between the parties as disclosed by the pleadings, evidence or proceedings. Supreme and Exchequer Courts Act, sec. 63.... | |
 | Canada. Supreme Court - Law reports, digests, etc - 1905 - 658 pages
...not and an amendment, if necessary, should be made by this court to meet the exigencies of the case for the purpose of determining the real question in controversy between the parties as disclosed by the pleadings, evidence or proceedings. Supreme and Exchequer Courts Act, sec. 63.... | |
 | Alexander Wood Renton, Maxwell Alexander Robertson - Great Britain - 1906 - 736 pages
...without costs, and upon such terms as the judge may think just; and all such amendments as may l>e necessary for the purpose of determining the real question in controversy between the parties shall be so made, if duly applied for." This does not empower a County Court judge to amend particulars... | |
 | Australia. High Court - Law reports, digests, etc - 1906 - 956 pages
...following the words of the Common Law Procedure Act 1899, sec. 260, the Court was required to make " for the purpose of determining the real question in controversy between the parties." It is said that this matter is not open to us to consider on the appeal. It is not necessary for us... | |
 | Herbert Newman Mozley, George Crispe Whiteley, Frederick George Neave - Law - 1908 - 392 pages
...case. Repleaders are now out of use, as the courts have almost unlimited power of allowing amendments for the purpose of determining the real question in controversy between the parties. 3 Steph. Com. [AMENDMENT.] REPLEGIARE. To replevy ; that is, to redeem a thing detained or taken by... | |
 | Northwest Territories - Law - 1915 - 824 pages
...party to alter or amend his pleadings or other proceedings in such manner and on such terms as may be necessary for the purpose of determining the real question in controversy between the parties. [178; E. 305; 0. 304.] 258. A judge may at any time, and on such terms as to costs or otherwise as... | |
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... for the purpose of determining the real question in controversy between the parties. 
