 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.  Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Strana 397podľa Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue - 1899Úplné zobrazenie - O tejto knihe
 | Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - Počet stránok 570
...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 - Počet stránok 904
...-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 - Počet stránok 718
...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 - Počet stránok 920
...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 - Počet stránok 898
...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 - Počet stránok 862
...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 - Počet stránok 520
...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 - Počet stránok 410
...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 - Počet stránok 672
...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.... | |
 | Kentucky - 1851 - Počet stránok 544
...originals. CHAPTER 8. Mistakes in pleading, and 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 prejudice, in maintaining his action or defense upon the... | |
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