Rules of the Appellate Term, Supreme Court, First Department, With Notes, References And Index
The book Rules of the Appellate Term, Supreme Court, First Department, With Notes, References And Index was written by author Bevins, Stanley H Here you can read free online of Rules of the Appellate Term, Supreme Court, First Department, With Notes, References And Index book, rate and share your impressions in comments. If you don't know what to write, just answer the question: Why is Rules of the Appellate Term, Supreme Court, First Department, With Notes, References And Index a good or bad book?
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Fiestel, 2 E. D. Smith, 91. Payment of costs, would undoubtedly be required, under such circumstances, if leave were granted. To procure a further or amended return, it must appear that the amendment sought is material and important upon the issues brought up for review. The return being conclusive upon the Appel- late Court (see notes to Rule "III") , where a return has been filed, both parties should be prompt to examine it, and if it is incorrect promptly move for its correction. When a moti...on is made for an amended return, the Court will examine the matters in respect to which an amended re- turn is sought, and the application will be refused as to what- ever is irrelevant or immaterial to the questions presented for view by the appeal. Onderdonk vs. Ranlett, 3 Hill., 323, 329. Where it is evident that the judgment must be reversed, even though the amendment is ordered the motion for an amended return will be denied. Wightman v. Clapp, 2 Cow., 517. Also where by an examination of the return and by the appellant's affidavits that the amendment sought is incorrect in fact id.
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