 ... whether plaintiff or defendant, will derive material benefit in the cause from the discovery which he seeks, that there is a good cause of action or defence upon the merits, and if the application be made on the part of the defendant, that the discovery...  The Canada Law Journal - Page 791873Full view - About this book
 | Law reports, digests, etc - 1855 - 980 pages
...material benefit in the cause from the discovery which he seeks, that there is a good cause of action or defence upon the merits, and if the application be made on the part of the defendant, that the discovery is not sought for the purpose of delay ; provided that where it shall happen, from unavoidable... | |
 | Law - 1832 - 504 pages
...he seeks ; that, if plaintiff, he has a good cause of action, or, if defendant, a good defence, on the merits ; and if the application be made on the part of the defendant, stating positively that the discovery is not sought for the purpose of delay, provided that where it... | |
 | Canada - Session laws - 1856 - 620 pages
...Defendant, will derive material benefit in the cause from the discovery which he seeks, that there is a good cause of action or of defence upon the merits, and if the application be made on the pait of the Defendant, that the discovery is not sought for the purpose of delay ; Provided that where... | |
 | Law - 1854 - 1060 pages
...material benefit in the cause from the discovery which he seeks, that there is a good cause of action or defence upon the merits, and, if the application be made on the part of the defendant, that the discovery is not sought for the purpose of deliy ; provided that where it shall happen, from unavoidable... | |
 | Robert Malcolm Kerr - Procedure (Law) - 1854 - 270 pages
...material benefit in the cause from the discovery which he seeks, that there is a good cause of action or defence upon the merits, and if the application be made on the part of the defendant, that the discovery is not sought for the purpose of delay ; provided that, where it shall happen from unavoidable... | |
 | John Thompson (Barrister-at-law) - 1854 - 214 pages
...material benefit in the cause, from the discovery which he seeks, that there is a good cause of action or defence upon the merits, and, if the application be made on the part of the defendant, that the discovery is not sought for the purpose of delay ; provided that where it shall happen from unavoidable... | |
 | Law - 1854 - 836 pages
...material benefit in the canse from the discovery which he seeks, that there is a good cause of action or defence upon the merits, and, if the application be made on the part of the defendant, thit the discovery is not sought for th« purpose of delay ; provided that where it shall happen, from... | |
 | Henry Thurstan Holland, Thomas Chandler, Charles Edward Pollock - Common law - 1854 - 380 pages
...material benefit in the cause from the discovery which he seeks, that there is a good cause of action or defence upon the merits, and, if the application be made on the part of the (z) The words in Italics were inserted by the House of Commons in Committee. defendant, that the discovery... | |
 | Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1855 - 1010 pages
...material Uuefit in the cause from the discovery which he seeks, that there is a good cause of action or defence upon the merits, and, if the application be made on the part of the defendant, that the discovery is not sought for the purpose of delay : provided that where it shall happen, from unavoidable... | |
 | William Francis Finlason - Civil procedure - 1855 - 668 pages
...material benefit in the cause from the discovery which he seeks, that there is a good cause of action or defence upon the merits, and, if the application be made on the part of the defendant, that the discovery is not sought for the purpose of delay ; provided that where it shall happen, from unavoidable... | |
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