Rodgers v. Rodgers
New York Court of Chancery
This was an application to amend an injunction bill without prejudice to the injunction. The grounds on which the application was denied, appear in the opinion of the Chancellor.
1Opinion of the Court
The Chancellor :—The complainants apply to amend an injunction bill after answer, on the ground that exceptions to the answer have been allowed. No affidavit of the truth *of the charges contained in the proposed amendments, or excuse for not inserting them in the original bill, is furnished. The 15th rule of this court, authorizing the complainant to amend his bill of course, and without costs, on exceptions allowed to the answer, does not apply to an injunction bill, or to any other which has been sworn to by the party. Such was the construction given to the 11th rule, in Parker & Bliss v.…
2Cited by7 opinions
- Gregg v. BrowerIllinois Supreme Court · 1873
- McDougald v. WillifordSupreme Court of Georgia · 1854
- Codington v. MottNew Jersey Court of Chancery · 1862
- Walker v. AyresSupreme Court of Iowa · 1855
- Edward P. Allis Co. v. Withlacoochee Lumber Co.Court of Appeals for the Fifth Circuit · 1901
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