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" ... when any variance shall appear between the proof and the recital or setting forth on the record, writ, or document, on which the trial is proceeding, of any contract, custom, prescription, name, or other matter, in any particular or particulars in... "
Reports of Cases Argued and Ruled at Nisi Prius: In the Courts of Queen's ... - Stran 729
avtor: Great Britain. Courts, Frederick Augustus Carrington, Andrew Valentine Kirwan - 1850
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Acts Relating to the Law of Real Property: Passed in the Last Session of ...

Solomon Atkinson - 1833 - 160 strani
...postponement, as such court or judge shall think reasonable ; and in case such variance shall be in some particular or particulars in the judgment of such...court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in the conduct of his action,...
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Practice of the Superior Courts of Law, in Personal Actions, and Ejectment ...

William Tidd - 1833 - 440 strani
...postponement, as such court or " judge shall think reasonable ; and in case such variance shall be " in some particular or particulars in the judgment of such..." or judge not material to the merits of the case, but such as that " the opposite party may have been prejudiced thereby in the con" duct of his action,...
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The Legal Observer, Or, Journal of Jurisprudence, Količina 6

1833 - 548 strani
...following oases : Variance between the proof and the recital, on the record of any contract, custom, &c., not material to the merits of the case, and by which the other party cannot be prejudiced. Where not material to the merits, but where the other party may be...
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The Principal Statutes and Rules of Court for Reform of the ..., Stran 957

England, Great Britain - 1834 - 254 strani
...postponement, as such court or judge shall think reasonable; and in case such variance shall be in some particular or particulars in the judgment of such...court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in the conduct of his action,...
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Reports of Cases Argued and Determined in the Court of King's ..., Količina 1

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1835 - 1060 strani
...the nature of a quo warranto, or proceedings on a mandamus, when any variance shall appear between the proof and the recital or setting forth on the...such Court or Judge not material to the merits of the can; and by which the o]iposiic party cannot have bem prejudiced in the conduct of his action, prosecution,...
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Reports of Cases Argued and Determined in the Court of King's ..., Količina 1

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1835 - 1030 strani
...the nature of a quo warranto, or proceedings on a mandamus, when any variance shall appear between the proof and the recital or setting forth on the record, writ, or document on which the trial i> proceeding, of any contract, custom, prescription, name, or other matter, in any particular or particulars...
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Reports of Cases Argued and Determined in the Courts of ..., Količina 2

Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - 1835 - 814 strani
...amend only in cases where the variance between the proof and the contract set forth in the record is " not material to the merits of the case, and by which the opposite party cannot have been prejudiced in his defence." This, it is submitted, is a substantial variance, and one which would...
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The Practice of the Law in All Its Departments: With a View of ..., Količina 3

Joseph Chitty - 1835 - 1032 strani
...as well In verbal as written evidence, in any particular, in the judgment of the Court or judge Hot material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence; (a) but it is discretionary...
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A Collection of Statutes Connected with the ..., Količina 9;Količina 1225

Great Britain - 1836 - 756 strani
...postponement, as such court or judge shall think reasonable ; and in case such variance shall be in some particular or particulars in the judgment of such...court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in the conduct of his action,...
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A Practical Treatise of the Law of Vendors and Purchasers of Chattels ...

Thomas Charles Morton - 1836 - 526 strani
...the record, &c., of any contract, custom, pre" scription, name, or other matter, in any particu" lar or particulars in the judgment of such " Court or Judge not material to the merits of the " case, ... to be forthwith amended." It is further provided, that the party, who is dissatisfied with the...
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