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The code of practice in civil and criminal cases for the State of Kentucky: with all amendments made prior to Jan'y 1, 1867, with notes of the ... and of the courts of Ohio and New York

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    Available in PDF - DJVU Format | The code of practice in civil and criminal cases for the State of Kentucky: with all amendments made prior to Jan'y 1, 1867, with notes of the ... and of the courts of Ohio and New York.pdf | Language: ENGLISH
    Kentucky (Author)

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ...under this section do not include judicial errors in rendering judgment (Hotaling p. Marsh, 14 Abb. 161): and does not, therefore, empower an amendment of the judgment by inserting an allowance in addition to that given by sec. 308 of the coda Id. b. Amendment after judgment The court, in its discretion, has an extraordinary power, even after judgment, to allow a pleading to be amended by inserting new allegations material to the case: but this power should be sparingly xercised (Field p. Hawkshurst, 9 How. 75: Egert v. Wicker, 10 id. 193). And after judgment, amendments will be allowed only for the purpose of sustaining the judgment Thus, after judgment for the defendants, affirmed on appeal to the general term, a motion by the plaintiff, at special term, for leave to amend the complaint was denied (Engless v. Furniss, 3 Abb. 82: Gasper v. Adams, 24 Barb. 288: Williams v. Birch, 6 Bosw. 674). Such a motion was granted at general term, and a new trial ordered in Balcom v. Woodruff, 7 Barb. 18. In Prindle v. Aldrich, 13 How. 466, the complaint was for goods sold, the agistment of cattle, and for use and occupation. On the trial before a referee, the referee found as a fact that the defendant had agreed to pay the plaintiff $100 in settlement of the account, and basing his decision on that fact, found for the plaintiff, $100. On appeal from the judgment on the referee's report, it was held that there was a variance between these pleadings and the proof, and that the judgment should be reversed. The plaintiff then moved, at special term, for leave to amend his complaint The motion was granted on the terms of the plaintiff paying all the costs of the defendant, and $10 costs of opposing the motion to amend. e. After judgment for plaintiff and...
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  • PDF | 396 pages
  • Kentucky (Author)
  • RareBooksClub.com (10 July 2012)
  • English
  • 5
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