 | Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 strani
...many simple and useful rules. No variance between the allegation in a pleading, and the proof is to be deemed material, unless it have actually misled...maintaining his action or defence upon the merits. In case of a failure of proof, and a verdict of the jury, or finding of the court against the party... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 strani
...means of amendment of the most liberal character; as liberal, indeed, -as we could devise. § 145. No variance between the allegation in a pleading and...the adverse party, to his prejudice, in maintaining liis action or defence, upon the merits. Whenever it shall be alleged, that a party has been so misled,... | |
 | 1848 - 718 strani
...not been passed by in silence, but the code has, on these subjects, prescribed wise and plain rules. 'No variance between the allegation in a pleading...the proof, shall be deemed material, unless it have oclnally misled the adverse party to his prejudice, in maintaining his action or defence upon the merits.... | |
 | New York (State). - 1850 - 920 strani
...complaint, answer and reply. § 666. No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled...his prejudice, in maintaining his action or defence, uj on the merits. Whenever it is alleged, that a party has been so misled, that fact must be proved... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 strani
...No variance between the allegation in a plead ing and the proof, is to be deemed material, unless i have actually misled the adverse party, to his prejudice in maintaining his action or defence, ujon the merits. Whenever it is alleged, that a party has been so misled that fact must be proved to... | |
 | Tennessee. Supreme Court, West Hughes Humphreys - 1850 - 862 strani
...the action. Let the judgment be reversed, and the cause remanded. NOTE.— "No variance between an allegation in a pleading, and the proof shall be deemed material, unless it shall hare misled the adverse party to his prejudice in maintaining his action or defence upon the... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 strani
...177. Supplemental complaint, answer and reply. $ 169. [145.] Material variances, how provided for. — No variance between the allegation in a pleading and...upon the merits. Whenever it shall be alleged, that • One of the wisest and most beneficent parts of our law is the statute which confers on our courts,... | |
 | California. Supreme Court - 1851 - 672 strani
...the variance between the complaint and proof fatal ? The 64th sec. of the Practice Act provides that no variance between the allegation in a pleading and...adverse party to his prejudice in maintaining his defense on the merits, and if so proved, the pleadings may be amended on such terms as shall be just.... | |
 | Kentucky - 1851 - 548 strani
...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 prejudice, in maintaining his action or defense upon the merits. Whenever it is alledged that a party has been so misled, that fact must be... | |
 | Kentucky - 1851 - 544 strani
...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 prejudice, in maintaining his action or defense upon the merits. Whenever it is alledged that a party has been so misled, that fact must be... | |
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No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits. 
