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" ... in the discretion of the judge to whom the application is made, and in such case the affidavit shall be modified accordingly. "
Proceedings of the American Medico-Psychological Association ... Annual Meeting - Seite 181
von American Psychiatric Association - 1910
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Band 14

Illinois. Supreme Court - 1854 - 566 Seiten
...which does not pretend to bring the rase within the statute, as a matter of right, is addressed to the discretion of the judge to whom the application is made. It is competent for a witness to prove upon his voir dire, the execution of a release of his interest in...
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A Digest of New York Statutes and Reports: From the Earliest Period ..., Band 1

Benjamin Vaughan Abbott, Austin Abbott - 1864 - 790 Seiten
...Millard, 4 Hill, 50. 15. An order requiring a further bill, more specific in regard to dates, &c., is in the discretion of the judge to whom the application is made. Supreme Ct., 1825, Humphry t>. Cottleyon, 4 Cow., 54. 16. Unnecessary order. An order for a bill of...
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The Local Courts' and Municipal Gazette, Band 1

1865 - 646 Seiten
...witnesses are sworn although no jury «called.' The removal of a cause under this section is entirely in the discretion of the judge to whom the application is made, upon its being shewn to him that difficult questions of law are likely to aribe, and he may impose...
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Reports of Cases Argued and Determined in the Superior Court of the City of ...

Anthony L. Robertson - 1867 - 786 Seiten
...undertaking, is not appealable. It does not involve the merits or affect a substantial right, but rests wholly in the discretion of the judge to whom the application is made. Lupton v. Jewett, 639 8. Where an order is granted upon condition of payment of costs, accepting the...
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A Practical Treatise Upon the Criminal Law and Practice of the State of New ...

John H. Colby - 1868 - 806 Seiten
...sessions into the Supreme Court, for review under 2 Revised Statutes 717, is to be allowed or not, is in the discretion of the judge to whom the application is made, and his determination is not reviewable by certiorari.2 SECTION m. WHEN XX? BE APPLIED FOB, AND AFFIDAVIT....
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Band 2

William Wait - 1873 - 950 Seiten
...60 ; SC, 2 Code R. 44. See Johnson v. Consolidated Silver Mining Co., 2 Abb. NS 413. Although it is in the discretion of the judge to whom the application is made to grant or refuse the order, yet, if granted at all, it must authorize an inspection. Hoyt v. American...
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The Federal Reporter: Cases Argued and Determined in the ..., Bände 23-24

1885 - 1902 Seiten
...a writ of error." It is plain that under this statute a writ of error is not a writ of right. It is in the discretion of the judge to whom the application is made to allow the writ or deny it ; and if he allows it, it is also in his discretion •whether he will...
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The Judicature Act and Rules, 1881, and Other Statutes and Orders Relating ...

Sir Thomas Wardlaw Taylor, John Skirving Ewart - 1881 - 784 Seiten
...application, or such of them as the said Judge thinks expedient. 3. The costs of such application shall be in the discretion of the Judge to whom the application is made. 4. The trustee, executor or administrator, acting upon the opinion, advice or direction given by the...
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The Revised Statutes of Manitoba: Being a Consolidation of the ..., Band 2

Manitoba - 1892 - 1418 Seiten
...the production of documents. 49 V. c. 13, s. 25. Costs. 37. The costs of such application shall be in the discretion of the Judge to whom the application is made. 49 \. c. 13, s. 2(i. Liability of 38. The trustee, executor, administrator or guardian, acting upon...
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The Canadian Law Times, Band 20

1901 - 1132 Seiten
...FOREIGN COMMISSION. 1. Discretion — Appeal.] — The granting of a commission to take evidence is in the discretion of the Judge to whom the application is made, but where strong reasons are shewn to the Court why the commission should not have been granted, such...
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