 | Nathan Howard (Jr.) - 1865 - 630 pages
...terms as may be proper, amend any pleading or proceeding by adding or striking out the name of any party, or a mistake in any other respect, or by inserting other allegations material to the case, or by conforming the pleading or proceedings to the facts proved, whenever the amendment shall not change... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1865 - 726 pages
...by the judge of any court. The code allows amendments on the trial, or after judgment, "by inserting allegations material to the case, or when the amendment...does not change substantially the claim or defense," and it also provides that, " where . . . the allegation of a cuuse of action ... to which the proof... | |
 | Montana - 1866 - 802 pages
...may, in furtherance of justice, and on such terms as may be proper, amend any pleadings or proceedings by adding or striking out the name of any party, or...name of a party, or a mistake in any other respect ; and may upon like terms enlarge the time for answer or demurrer, or demurrer to an answer or reply,... | |
 | Montana (Ter.) - 1866 - 792 pages
...may, in furtherance of justice, and on such terms as may be proper, amend any pleadings or proceedings by adding or striking out the name of any party, or...name of a party, or a mistake in any other respect ; and may upon like terms enlarge the time for answer or demurrer, or demurrer to( an answer or reply,... | |
 | Iowa. Supreme Court - 1866 - 634 pages
...justice, and on such terms as may be proper, permit such party to amend any pleadings or proceedings by adding or striking out the name of any party, or by correcting a mistake in the name of any party, or a mistake in any other respect, or by inserting other allegations material to the case,... | |
 | New York (State) - 1867 - 1086 pages
...§173. [U9.J (Am'd 1849, 1*51, 1852.) Existing suits. Amendment by order. The court may, before or after judgment, in furtherance of justice, and on such terms...amendment does not change substantially the claim or defence, by conforming the pleading or proceeding to the facts proved. a. Partition. — This section... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1867 - 644 pages
...upon a mere question of form. Section 173 of the Code provides that " the court may, before or after judgment, in furtherance of justice, and on such terms...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 pages
...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 pages
...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 pages
...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,... | |
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The ccurt 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 a mistake... 
