 No variance between the allegations, in a pleading, and the proof, is to be deemed material, unless it has actually misled the adverse party, to his prejudice, in maintaining his action or defense upon the merits.  Annual Reports of the Secretary of War - Stran 444avtor: United States. War Department - 1901Celotni ogled - O knjigi
 | Kentucky - 1851 - 544 strani
...amendments. § 182. No variance between the allegation in a pleading and the proof, is to be deemed material, unless it has actually misled the adverse party to...his action or defense upon the merits. Whenever it is alledged that a party has been so misled, that fact must be shown to the satisfaction of the court,... | |
 | Kentucky - 1851 - 548 strani
...amendments. § 182. No variance between the allegation in a pleading and the proof, is to be deemed material, unless it has actually misled the adverse party to...his action or defense upon the merits. Whenever it is alledged that a party has been so misled, that fact must be shown to the satisfaction of the court,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1853 - 688 strani
...between the allegations in a pleading and the proof is to be deemed material, unless it has actuallV misled the adverse party to his prejudice in maintaining his action or defense upon the merits. When it is alleged that the party has been so misled, that fact must be proved to the satisfaction... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1857 - 722 strani
...variance between the allegations in a pleading and the proof shall be deemed material, unless it have actually misled the adverse party to his prejudice...maintaining his action or defense upon the merits." Immaterial variances are to be disregarded on the trial, or the court may then amend, or whenever the... | |
 | Nathan Howard (Jr.) - 1857 - 630 strani
...reason that now the court are required to disregard every variance between the proof and pleadings, unless it has actually misled the adverse party to his prejudice in maintaining his action or defence upon the merits. (Code, § 169.) The party alleging that he has been misled, must prove it... | |
 | New York (State) - 1863 - 1026 strani
...variance between the allegation in a pleading and the proof, shall be deemed material, unless it have actually misled the adverse party, to his prejudice,...his action or defense, upon the merits. Whenever it shall be alleged, that a party has been so misled, that fact shall be proved to the satisfaction of... | |
 | John Townshend - 1864 - 320 strani
...variance between the allegation in a pleading am! the proof shall be deemed material, unless it have actually misled the adverse party, to his prejudice,...his action or defense, upon the merits. Whenever it shall be alleged that a party has been so misled, that fact shall be proved to the satisfaction of... | |
 | North Carolina. Supreme Court - 1872 - 568 strani
...variance between the allegation in a pleading and the prool shall be deemed material, unless it have actually misled the adverse party to his prejudice,...his action (or defense) upon the merits. Whenever it shall be alleged that a party has been so misled, that fact shall be proved to the satisfaction of... | |
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 strani
...allegation Material in a pleading and the proof is to be deemed material, how pro-' unless it have actually misled the adverse party to his prejudice,...his action or defense upon the merits. Whenever it is alleged that a party has been so misled, that fact must be proved to the satisfaction of the Court,... | |
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