 If any Pleading be so framed as to prejudice, embarrass, or delay the fair Trial of the Action, the opposite Party may apply to the Court or a Judge to strike out or amend such Pleading, and the Court or any Judge shall make such Order respecting the...  Reports of Cases Determined in the Appeal and Chancery Divisions and ... - Página 444por New Brunswick. Supreme Court, Ward Chipman, John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, James Hannay, George B. Seely, William Pugsley, George Wheelock Burbidge, John L. Carleton, Arthur I. Trueman, George W. Allen, William Henry Harrison, Ernest Doiron, Douglas King Hazen - 1901Visualização integral - Acerca deste livro
 | 1878 - 1082 páginas
...might be ordered to amend the same by striking out the matters therein contained, which might tend to prejudice, embarrass or delay, the fair trial of the action, or were merely evidence of the facts on which the plaintiffs relied. Mr. Graham Hastings and Mr. Crossley,... | |
 | Great Britain. Bail Court, John James Lowndes, Sir Peter Benson Maxwell - 1852 - 242 páginas
...interference of the 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... | |
 | 1862 - 752 páginas
...special demurrer, 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... | |
 | 1852 - 584 páginas
...which the opposite party is required to reply, rejoin, or as the case may be. 52. If any pleading be so framed as to prejudice, embarrass, or delay the fair trial of the action, the opposite party may apply to the Court or a Judge to strike out or amend such pleading, and the... | |
 | Edmund Hatch Bennett, Chauncey Smith - 1853 - 684 páginas
...could heretofore only be objected to by special demurrer." Section 52 enacts that " If any pleading be so framed as to prejudice, embarrass, or delay the fair trial of the action, the opposite party may apply to the court or a judge to strike out or amend such pleading, and the... | |
 | 1853 - 592 páginas
...Commitments for Trial in 1852 show a trifling decrease i The 52nd section enacts, " If any pleading be so framed as to prejudice, embarrass, or delay the fair trial of the action, the opposite party may apply to the Court or a judge to strike out or amend such pleading, and the... | |
 | 1853 - 524 páginas
...for any defect which could heretofore only be objected to by special demurrer. 52. If any pleading be so framed as to prejudice, embarrass, or delay the fair trial of the action, the opposite party may apply to the court or a judge to strike out or amend such pleading, and the... | |
 | John Gray - 1853 - 668 páginas
...law. c. 42, s. 23 ; and, consequently, the And the same Statute provides, that "if any pleading be sO framed as to prejudice, embarrass, or delay the fair trial of the action, the opposite party may apply to the Court or a Judge to strike out or amend such pleading ; and the... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1854 - 998 páginas
...pleading amended, upon such terms as a judge might think fair. It enacts, that, " if any pleading be so framed as to prejudice, embarrass, or delay the fair trial of the action, the opposite party may apply to the court or a judge to strike out or amend such pleading, and the... | |
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