 | Solomon Atkinson - Real property - 1833 - 160 pages
...in the judgment of such court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in...aforesaid, as such court or judge shall think reasonable; and after any such amendment the trial shall proceed, in case the same shall be proceeded with, in... | |
 | William Tidd - Civil procedure - 1833 - 440 pages
...of the case, but such as that " the opposite party may have been prejudiced thereby in the con" duct of his action, prosecution, or defence, then such...shall have power to cause the same to be amended, upon * § 28. and see 2 Rep. CL Com. nonces." 36, &c. 85, &c. * Preamble to stat. S * 4 W. IV. c. ' This... | |
 | England, Great Britain - Justice, Administration of - 1834 - 254 pages
...in the judgment of such court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in...aforesaid, as such court or judge shall think reasonable ; and after any such amendment the trial shall proceed, in case the same shall be proceeded with, in... | |
 | Great Britain - Law - 1836 - 756 pages
...in the judgment of such court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in...power to cause the same to be amended upon payment of cost« to the other party, and withdrawing the record or postponing the trial as aforesaid, as such... | |
 | Thomas Charles Morton - Vendors and purchasers - 1836 - 526 pages
...4 Will. IV. c. 42, s. 23. (6) The amendment is allowed whether the variance be such that the other party " may have been prejudiced thereby in the conduct of his action, prosecution or defence," or whether it be such that the other party may not have been so prejudiced ; but there is a difference... | |
 | William Tidd - Civil procedure - 1837 - 942 pages
...the judgment of such court or judge not material to " the merits of the case, but such as that the opposite party may have " been prejudiced thereby...aforesaid, as such " court or judge shall think reasonable ; and after any such amendment, Trial to pro" the trial shall proceed, in case the same shall be proceeded... | |
 | Joseph Chitty, Thomas Chitty - Forms (Law) - 1837 - 860 pages
...in the judgment of such Court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in...the record or postponing the trial as aforesaid, as sucli Co'urt or judge shall think reasonable ; and after any such amendment the trial shall proceed,... | |
 | Samuel March Phillipps - Evidence (Law) - 1838 - 1358 pages
...in the judgment of such Court or Judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in...aforesaid, as such Court or Judge shall think reasonable ; and after any such amendment the trill shall proceed, in case the same shall be proceeded with, in... | |
 | Patrick Brady Leigh - Nisi prius - 1838 - 774 pages
...in the judgment of such court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in...aforesaid, as such court or judge shall think reasonable; and after any such amendment the trial shall proceed, in case the same shall be proceeded with, in... | |
 | Patrick Brady Leigh - Nisi prius - 1838 - 928 pages
...in the judgment of such court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in...aforesaid, as such court or judge shall think reasonable ; and after any such amendment the trial shall proceed, in :ase the same shall be proceeded with, in... | |
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... shall be in some particular or particulars in the judgment of such court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in the conduct of his action, prosecution, or defence, then... 
