 | 1878 - 1082 páginas
...Eastern, App. order separate trials," or " may order to be struck out or amended any matter . . . . which may tend to prejudice, embarrass or delay the fair trial of the action " — Order XVII. rules 1, 8,9; Order XXVII. rule 1. Here the plaintiff alleges two inconsistent states... | |
 | Great Britain. Bail Court, John James Lowndes, Sir Peter Benson Maxwell - 1852 - 242 páginas
...Court, assuming the statute to apply. The case supposed by the 52d section is, " a pleading so framed as to prejudice, embarrass, or delay the fair trial of the action," and these words distinguish it from cases in which a pleading may be demurrable specially, and yet its... | |
 | 1862 - 752 páginas
...a motion, on which the Conrt or a Judge shall determine whether or not the pleading is so framed as to prejudice, embarrass or delay the fair trial of the action ; and, if it be, to strike it out, unless it be amended. Is the withholding of these names calculated to embarrass... | |
 | Great Britain. Parliament. House of Commons - 1856 - 612 páginas
...Judge may amend the issues issues. on suc h terms as to him shall seem fit, and all such amendments as may be necessary for the purpose of determining the real question or controversy between the parties shall be so made. CVII. Appeal. If either party is dissatisfied with... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman, Great Britain. Court of Exchequer - 1857 - 1036 páginas
...the variance. [Martin, B. — The 222nd section of the Common Law Procedure Act, 1852, directs, "that all such amendments shall be made as may be necessary for the purpose of determining, in the existing suit, the real question in controversy between the parties." The real... | |
 | William Macpherson - 1860 - 592 páginas
...or frame additional issues on such Bues- terms as to it shall seem fit, and all such amendments as may be necessary for the purpose of determining the real question or controversy between the parties shall be so made. OP ISSUES BY AGREEMENT OF PABTIES. Questions of 142.... | |
 | Great Britain, Sir John Charles Frederic Sigismund Day - 1861 - 586 páginas
...one of the rules, if not one of the results, of special pleading, that no pleading should be framed to prejudice, embarrass or delay the fair trial of the action ; and there are numerous cases in the books in which the courts have allowed the plaintiff to sign judgment... | |
 | 1922 - 738 páginas
...grievous hardship and a serious waste of time and expense. Order xxvni., r. 1, which provides that " all such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties," appeared to give a just basis... | |
 | Frederick Pollock - 1879 - 862 páginas
...out a summons under r. 1 of Order xxvu. to strike out the reply, on the ground that the same wonld tend " to prejudice, embarrass, or delay the fair trial of the action." Goodeve, for the summons : — From the particulars of breaches it is evident that the plaintiffs intend... | |
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... prejudice, embarrass, or delay the fair trial of the action, and all such amendments shall be made as may be necessary for the purpose of determining the real questions or question in controversy between the parties. 
