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" 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... "
The Encyclopaedia of Pleading and Practice: Under the Codes and Practice ... - Page 6
1901
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Cases Argued and Determined in the Bail Court: Points of Practice and Pleading

Great Britain. Bail Court, John James Lowndes, Sir Peter Benson Maxwell - 1852 - 242 pages
...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...
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Irish Common Law Reports: Reports of Cases Argued and Determined ..., Volume 12

1862 - 752 pages
...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...
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The Common Law Procedure Act, 15 & 16 Vict. Cap. 76 ... with an Introductory ...

Edward Wise - 1852 - 394 pages
...ic i j- uci • j- i muner taken 52. It any pleadmg be so tramed as to prejudice, embarrass, away. or delay the fair trial of the action, the opposite party may pleadings apply to the court or a judge to strike out or amend such framed to pleading, and the court...
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Statuts de la province du Canada

Canada - 1856 - 620 pages
...demurrer. nleadabje only muner. CI. If any pleading be so framed as to prejudice, embarrass, (1852, s. 51.) or delay the fair trial of the action, the opposite party may Unfair pleadapply to the Court or a Judge to strike out or amend such plead- 'ngs may be ing, and the...
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Statutes at Large ...: (37 v.) A collection of the public general statutes ...

Great Britain - 1852 - 718 pages
...De- r" ' ""''" Wa5° murrcr. LIT. If any Pleading be so framed as to prejudice, embarrass, Pleadings or delay the fair Trial of the Action, the opposite Party may jj^ J^™; apply to the Court or a Judge to strike out or amend such struck out or Pleading, and the...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 18; Volume 49

1853 - 592 pages
...this was not a pleading calculated to embarrass the defendant within the 52nd i Section 52 enacts, " If any pleading be so framed as to prejudice, embarrass,...a judge to strike out or amend such pleading, and tfie Court or any judge shall make such order respecting the same, and also respecting the costs of...
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The New Practice, Pleading, and Evidence, in the Courts of Common Law at ...

John Frederick Archbold - 1853 - 184 pages
...demurrer. murrer taken away. LII. If any pleading be so framed as to prejudice, embarrass, or Pleadingi delay the fair trial of the action, the opposite party may apply to the framed to •court or a judge to strike out or amend such pleading, and the court ^y'1^iuis' or any...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volume 8

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1853 - 994 pages
...instead of demurring specially, the parties are enabled to apply to a Judge to amend the pleadings when so framed as to prejudice, embarrass, or delay the fair trial of the action. If the clauses be so read, all these enactments are rendered consistent. ALDERSON, B. — It would...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 15

Great Britain. Court of Common Pleas - 1855 - 590 pages
...be part of the pleading in which it is set out." (5) "If any pleading be so framed as to prejndice, embarrass, or delay the fair trial of the action, the opposite party may apply to the court or a jnd|;e to strike out or amend such pleading, and the court or any jndge shall make such order respecting...
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Procedure in the Court of the Vice Warden of the Stannaries: New Orders ...

Cornwall (England : County). Stannaries - 1856 - 326 pages
...plea (as the case may be) may be signed, unless further time be allowed by consent or by order. 42. If any pleading be so framed as to prejudice, embarrass,...action, the opposite party may apply to the Court or to the Registrar when the Court is not sitting, to strike out or amend such pleading, who shall make...
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