 The court may, either 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,...  Laws of the State of New York - Page 449by New York (State) - 1876Full view - About this book
 | Oliver Lorenzo Barbour - 1871 - 756 pages
...any pleading, process, or proceeding, by adding or striking out the name of a party, or by correcting a mistake in any other respect, or by inserting other...material to the case, or, when the amendment does not substantially change the claim or defense, to conform the proceedings to the facts proved; and this... | |
 | Nathan Howard (Jr.) - 1871 - 704 pages
...may be proper, amend any pleading, process or proceeding, by adding or In re Heller. striking out the name of any party, or by correcting a mistake in the name of a party or a mistake in other respect ; or by inserting other allegations material to the case; or when the amendment does... | |
 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1918 - 632 pages
...STATUTE. — Under Code Civ. Proc. 1912, sec. 224, providing that the Court may allow an amendment when it does not change substantially the claim or defense,...conforming the pleading or proceeding to the facts proved, in a servant's action for injuries the Court properly admitted evidence that the plaintiff contracted... | |
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 pages
...and on such terms as may be proper, amend any pleading or proceedings, by adding or striking out the name of any party, or by correcting a mistake in the...name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The Court may likewise, upon affidavit... | |
 | California - 1872 - 774 pages
...terms аа may bo proper, amend any pleading or bc P. — is proceedings by adding or striking out the name of any party, or by correcting a mistake in the...name of a party, or a mistake in any other respect, and may, upon like terms, enlarge the timo for answer or demurrer. The court may likewise, upon affidavit... | |
 | William Wait - 1872 - 950 pages
...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 in any other respect. Code, § 173. Bu-t a summons can be amended only upon leave of the court. The power of amending once,... | |
 | North Carolina. Supreme Court - 1872 - 568 pages
...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 ot a party, or a mistake iu any other respect; or by inserting other allegations material to the case... | |
 | South Carolina - 1873 - 1164 pages
...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...conforming the pleading or proceeding to the facts proved. •f mistake. < , . "-,-, • , Relief in cises SEC. 197. The Court miiy likewise, in its discretion,... | |
 | Ohio. Supreme Court - 1884 - 806 pages
...furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding * * * by inserting other allegations material to the case,...conforming the pleading or proceeding to the facts proved/' And by section 5115, of the Revised Statutes, "The court, in every stage of an action, must disregard... | |
 | United States. Congress. House - 1873 - 1052 pages
...proceeding to be amended. 1Цsuch terms as shall be just, by adding or striking out the name of л party, or by correcting a mistake in the name of a...respect, or by inserting other allegations material to uV case, or striking out causes of action improper to be joined. 3. Where, however, the allegation... | |
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