 | Nathan Howard (Jr.) - 1851 - 452 pages
...confined to the last case of amendment provided for in this section, to wit: the power of amendment by conforming the pleading or proceeding to the facts proved, and the statute of amendments as contained in the Revised Statutes, is undoubtedly retained by the code, and... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...party or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially the...conforming the pleading or proceeding to the facts proved. The court may likewise, in its discretion, allow an answer or reply to be made, after the time limited... | |
 | New York (State). - 1850 - 920 pages
...party or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially the claim or defence, by conforming tlie pleading or proceeding to the facts proved. The court may likewise, in ils discretion, allow an... | |
 | New York (State), Henry Strong McCall - 1851 - 244 pages
...of any party, or by correcting a mistake in the name of a party or a mistake in any other respect, or by inserting other allegations material to the...conforming the pleading or proceeding to the facts proved. Court may amend mistakes or omissions of the clerk. Neele vs. Berryhill, 4 How. 16 ; Luyster v. Sniffln,... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 pages
...of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the...conforming the pleading or proceeding to the facts proved. This section embraces only a portion of section 173, as it stood prior to amendment. The words " may... | |
 | New York (State) - 1851 - 1408 pages
...of uny party, or ly correcting a mistake in the name of a party or a mistake in any other respect, or by inserting other allegations material to the...conforming the pleading or proceeding to the facts proved. Amend- & 174. T/ic court may likewise, in its discretion, and upon mem after wmurrer. suc;l (crnis... | |
 | New York (State). - 1851 - 266 pages
...of any party, or by correcting a mistake in the name of a party or a mistake in any other respect, or by inserting other allegations material to the...change substantially the claim or defence by conforming tht pleading or proceeding to the facts proved. *mmii- & 174. j%e court may likewise, in its discretion,... | |
 | Nathan Howard (Jr.) - 1852 - 546 pages
...of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; or by inserting other allegations material to the...conforming the pleading or proceeding to the facts proved." If this section was enacted for the first time in its present shape, it would be difficult to interpret... | |
 | Robert Henley Eden Baron Henley - 1852 - 680 pages
...of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the...conforming the pleading or proceeding to the facts proved. Ib. sec. 173. The rules of tho supreme court of the United States, adopted January term 1842, on the... | |
 | Henry Whittaker - 1852 - 900 pages
...party, or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially the...conforming the pleading or proceeding to the facts proved. V. Chapman v. Webb. 1 CR (NS) 388, as to word "or." It will be observed that this provision though,... | |
| |
... party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting an allegation material to the case ; or, where the amendment does not change substantially the claim or defence, by conforming the pleading... 
