 | Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 halaman
...uncertainty and expense, the code prescribes many simple and useful rules. No variance between the allegation in a pleading, and the proof is to be deemed material,...party to his prejudice in 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... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 halaman
...-as we could devise. § 145. No 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, in maintaining liis action or defence, upon the merits. Whenever it shall be alleged, that a party has been so misled,... | |
 | 1848 - 718 halaman
...between the allegation in a pleading and 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. Where the variance is immaterial, the court may direct the fact to be found... | |
 | New York (State). - 1850 - 920 halaman
...substantial rights. 673. Supplemental complaint, answer and reply. § 666. No variance between the allegation in a pleading and the proof, is to be deemed material,...party, to 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... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 halaman
...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... | |
 | Tennessee. Supreme Court, West Hughes Humphreys - 1850 - 862 halaman
...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 merits. Whenever it shall be alleged that a party has been so misled, and that fact... | |
 | 1851 - 520 halaman
...separately stated. " S. 169. No variance between the allegation in a pleading and the proof, shall be deemed material, unless it have actually misled...party, to his prejudice, in maintaining his action or defence, upon the merits. Whenever it shall be alleged that a party has been so misled, that fact shall... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 halaman
...variances, how provided for. — No variance between the allegation in a pleading and the proof, shall be deemed material, unless it have actually misled...party, to his prejudice, in maintaining his action or defence, upon the merits. Whenever it shall be alleged, that • One of the wisest and most beneficent... | |
 | California. Supreme Court - 1851 - 672 halaman
...the Practice Act provides that no variance between the allegation in a pleading and the proof shall be deemed material, unless it have actually misled...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.... | |
 | New York (State) - 1851 - 1408 halaman
...allegation in a pleadingMoicrial and the proof, shall be deemed material, unless it have h™"™";. actually misled the adverse party, to his prejudice, in maintaining his action or defence,upon therncrits. Whenever it shall be alleged, that a party has been so misled, that fact shall... | |
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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 prejudice in maintaining his action or defense upon the merits. 
