The Code of Procedure, as Amended July 10, 1851; With Copious Notes to Each Section, the Supplementary ACT, and an Appendix Containing the Rules of All the Courts, with an Index to the Whole - Softcover

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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. 1851. Excerpt: ... allowed his client nnder the code of 1848, when he had served his notice of rehearing after the time limited by the statnte had expired--and which, perhaps, may have been the canse of the amendment as fonnd ia section 173 of the code of 1849. See also Wilson v. Onderdonk, 1 Code Rep., 64. It has also been snggested, that the 405th section of the code of 1849 shonld be read in connection with this section, and as limiting the power conferred by the latter section. I do not so regard it. Crittenden v. Adams, 3 Code Kep., 145-147. Rowell v. McCormiek, 5 Pr. R., 337; 5 /6., 310. Thns, where a party omitted to serve his notice of appeal in dne time, after service moved for an order that his appeal be considered good and valid, notwithstanding this defect; and per Mason, J.: I am of opinion that this section is broad enongh to embrace the case nnder consideration, and to anthorize this conrt to grant an order that the said appeal be allowed to stand, and be considered good and valid, as the papers before ns show that this appeal was tsken in good faith to review a jndgment of the circnit conrt, and that there is a probability of a failnre of jnstice if this motion be denied. 76. See also Renonil v. Harris, 2 Code Rep., 71. Traver v. Silvernail, to., 69. Enos v. Thomas, 5 Pr. R., 361. % 175. 150. Sning a party by a fictitions name, when allowed.--When the plaintiff shall be ignorant of the name of a defendant, snch defendant may be designated in any pleading or proceeding, by any name; and when his trne name shall be discovered, the pleading or proceeding may be amended accordingly. See Pindar v. Black, 2 Code Rep., 53. 4 Pr. R., 95, in note to section 181 of this code. § 176. 151. No error or defect to be regarded, nnless it affect snbstantial rights.--The...

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