 | Kentucky - 1851 - Страниц: 548
...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,...maintaining 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... | |
 | Kentucky - 1851 - Страниц: 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,...maintaining 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... | |
 | 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 - Страниц: 688
...Marshall, for the plaintiffs. AA Hammond and H. O'Neal, for the defendants. (1) TheR. S. 1852 enact that no variance between the allegations in a pleading...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.... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1857 - Страниц: 722
...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 - Страниц: 630
...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... | |
 | Nathan Howard (Jr.) - 1860 - Страниц: 620
...here. Section 169 declares that no variance between the allegation in a pleading and the proof shall be deemed material, unless it has actually misled...party to his prejudice, in maintaining his action or defence upon the merits, and governs referees as well as courts whenever questions of variance arise.... | |
 | Nathan Howard (Jr.) - 1860 - Страниц: 616
...These sections provide that no variance between the allegations of a pleading, and the proof, shall be material, unless it has actually misled the adverse...party to his prejudice in maintaining his action or defence upon Egert agt. Wicker. the merits, which fact shall be proved to the satisfaction of tne court,... | |
 | New York (State) - 1863 - Страниц: 1026
...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,...maintaining 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... | |
 | John Townshend - 1864 - Страниц: 320
...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,...maintaining 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... | |
 | 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 - 1868 - Страниц: 624
...is provided by section 94 of the code, (2 G. & H. 114,) that "no variance between Pattison v. Jones. the allegations in a pleading and the proof is to be deemed material, unless it have actually misled the adverse party to liis prejudice, in maintaining his action or defense upon... | |
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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. 
