 Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the last two sections,...  The Pacific Reporter - Page 5221886Full view - About this book
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1913 - 996 pages
...provides: "If, however, the allegation of the claim or defense, to which the proof is directed, be unproved, not in some particular or particulars only,...within the last two sections, but a failure of proof." The allegations of the petition when taken and read together must be interpreted to mean that Nicholas... | |
 | New York (State). Legislature - Law - 1848 - 672 pages
...when allowed. rights. Supple. reply. 147. Where, however, the allegation of the cause of acor defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections,... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...147, to read as follows: § 147. Where, however, the allegation of the cause . of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections,... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...without costs. Amen, ed Code, § 170. § 668. Where, however, the allegation of the claim or defence to which the proof is directed is unproved, not in...within the last two sections, but a failure of proof. Amended Code, § 171. § 669. Any pleading may be once amended by the party of course, without costs,... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...without costs. Amended Code, § 170. § 669. Where, however, the allegation of the claim or defence to which the proof is directed is unproved, not in...be deemed a case of variance, within the last two section?, but a failure of proof. Amended Code, § 171. § 669. Any pleading may be once amended by... | |
 | Kentucky - Law - 1851 - 548 pages
...evidence, and may order an immediate amendment without costs. § 184. Where, however, the allegation of the claim or defense to which the proof is directed,...within the last two sections, but a failure of proof. Variance In pleading not material, unless the adverse party has been misled. Fact to bo found according... | |
 | Kentucky - Session laws - 1851 - 544 pages
...evidence, and may order an immediate amendment without costs. § 184. Where, however, the allegation of the claim or defense to which the proof is directed,...particular or particulars only, but in its general scope nnd meaning, it is not to be deemed a case of variance within the last two sections, but a failure... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...What to be deemed a variance. — Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and moaning, it shall not be deemed a case of variance, within the last two sections,... | |
 | Law - 1851 - 520 pages
...amendment, without costs. " S. 171. Where, however, the allegation of the cause of action or defence, to which the proof is directed, is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance within the last two sections, but... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...variancced, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections, but a failure of proof. § 172. Jlny pleading may be once amended by the party of*m«m\\ mellta ol course, without costs, and... | |
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