 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...  Statutes at Large of the State of New York: Comprising the Revised Statutes ... - Stran 49avtor: New York (State) - 1863Celotni ogled - O knjigi
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1867 - 644 strani
...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...inserting other allegations material to the case: Or where the amendment does not change, substantially, the claim or defence, by conforming the pleading,... | |
 | John Townshend - 1867 - 298 strani
...the clerk, 216. MISNOMER. See Fictitious name. MISTAKE the court may at any time order an amendment by correcting a mistake In the name of a party, or a mistake in any other respect, 78. court may relieve a party from a judgment, order, or other proceeding taken against him through... | |
 | South Carolina - 1868 - 942 strani
...furtherance of Amendment justice, and on such terms as may be proper, amend any pleading, process by°rderor proceeding, by adding or striking out the name of...amendment does not change substantially the claim or defence, by conforming the pleading or proceeding to the facts proved. SEC. 197. The Court may likewise,... | |
 | Anthony L. Robertson - 1868 - 780 strani
...judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, * * * * by correcting a mistake in the name of a party, or...substantially, the claim or defense, by conforming the pleading to the facts proved." [It may here be remarked that the words, " when the amendment does not change,... | |
 | California, Theodore Henry Hittell - 1868 - 416 strani
...he proper, amend any pleading or proceeding, hy adding or striking out the name of any party, or hy correcting a mistake in the name of a party, or a mistake in any other respect. The court may, likewise, upon affidavit showing good cause therefor, after notice to the adverse party,... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1868 - 672 strani
...Mitchell v. Van Buren. furtherance of justice, and on such terms as it may judge proper It may amend any proceeding, by adding or striking out the name of any party, or by correcting a mistake iq the name of a party, or a mistake in any other respect, or by inserting other allegations material... | |
 | 1868 - 584 strani
...relief not then contemplated by any one. The Code (§ 173) authorizes the court, after judgment, to amend any pleading, process, or proceeding, by adding or striking out the name of any party, by correcting a mistake in any respect, by inserting other allegations material to the case, or conforming... | |
 | Nevada. Supreme Court - 1869 - 622 strani
...that " the Court may in furtherance of justice, on such terms as may be proper, amend any pleading or proceeding by adding or striking out the name of...name of a party, or a mistake in any other respect." * * * The very first step towards the commencement of a civil action or proceeding is the filing of... | |
 | Thomas Whitney Waterman - 1869 - 800 strani
...pleaded as to £22 parcel of the debt in the declaration mentioned, that the extra time necessary where the amendment does not change substantially the claim...conforming the pleading or proceeding to the facts proved. In Ohio, Iowa and Nebraska, it is declared by statute that " When it appears that a new party is necessary... | |
 | North Carolina. Supreme Court - 1887 - 724 strani
...Court may, before and 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, &c. The essential and distinguishing feature of the new practice, is to bring causes to trial upon... | |
| |
