 Where the variance is not material, as provided in the last section, the court may direct the fact to be found according to the evidence or may order an immediate amendment, without costs.  The Pacific Reporter - Page 861923Full view - About this book
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...upon such terms as shall be just. § 146. Where the variance is not material, as provided in the last section, the court may direct the fact to be found...or may order an immediate amendment, without costs. § 147. Where, however, the allegation of the cause of action or defence to which the proof is directed... | |
 | Missouri - 1848 - 718 pages
...prejudice, in maintaining his action or defence upon the merits. Where the variance is immaterial, the court may direct the fact to be found according...may order an immediate amendment •without costs. Any pleading may be amended by the party of course without costs and without prejudice to the proceedings... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...be just. Amended Code, § 169. § 667. Where the variance is not material, as provided in the last section, the court may direct the fact to be found...or may order an immediate amendment, without costs. Amended Code, § 170. § 669. Where, however, the allegation of the claim or defence to which the proof... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...Immaterial variances, how provided for. — Where the variance is not material, as provided in the last section, the court may direct the fact to be found...or may order an immediate amendment without costs. See note to last section. The denial of a motion to amend made at the trial, ia not a ground of exception.... | |
 | Law - 1851 - 520 pages
...such terms as shall be just. " S. 170. Where the variance is not material, as provided in the last section, the court may direct the fact to be found...or may order an immediate amendment, without costs. " S. 171. Where, however, the allegation of the cause of action or defence, to which the proof is directed,... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...as imm«<mai provided in the last section, the court may direct the fact to ii°w prcm* J dcd for. be found according to the evidence, or may order an immediate amendment, without costs. i Variances not affecting the merits, will be disregarded on arguments at bar. And the court upon the... | |
 | Kentucky - Session laws - 1851 - 544 pages
...amended, upon such terms as maybe just. § 183. Where the variance is not material as provided in the last section, the court may direct the fact to be found according to the evidence, and may order an immediate amendment without costs. § 184. Where, however, the allegation of the claim... | |
 | Kentucky - Law - 1851 - 548 pages
...upon such terms as may be just. § 183. Where the, variance is not material as provided in the last section, the court may direct the fact to be found according to the evidence, and may order an immediate amendment without costs. § 184. Where, however, the allegation of the claim... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...imm«ien«i VHriam-c*. in the last section, the court may direct the fact to be found Jl^v,-0prrov' according to the evidence, or may order an immediate amendment, without costs. &171. Where, however, the allegation of the cause of wimtmbe. deemed u action or defence to which the... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...immmeri«i varinnctH, in the last section, the court may direct the fact to be found a""'foprrovi" according to the evidence, or may order an immediate amendment, without costs. 5) 171. Where, however, the allegation of the cause ofwhwiohe deemed :i action or defence to which... | |
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