 | Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850
...so productive of delay, 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, unless it have actually misled the adverse party to his prejudice in maintaining his action or defence upon the... | |
 | Missouri - 1848
...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). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 791 pages
...regarded, unless it affect 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, unless it have actually misled the adverse party, to his prejudice, in maintaining his action or defence, uj... | |
 | Tennessee. Supreme Court, West Hughes Humphreys - Law reports, digests, etc - 1850
...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... | |
 | Kentucky - Law - 1851
...substituted by the party withdrawing the originals. CHAPTER 8. Mistakes in pleading, and amendments. § 182. No variance between the allegation in a pleading and...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 of the court,... | |
 | Kentucky - Law - 1851
...substituted by the party withdrawing the originals. CHAPTER 8. Mistakes in pleading, and amendments. § 182. No variance between the allegation in a pleading and...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 of the court,... | |
 | Law - 1851
...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 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). - Civil procedure - 1851 - 207 pages
...the allegation in a pleading Material and the proof, shall be deemed material, unless it haveK"p%J;. actually 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, that fact... | |
 | New York (State), Member of the New York Bar - Civil procedure - 1851 - 394 pages
...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 his action or defence, upon the merits. Whenever it shall be alleged, that • One of the wisest and most beneficent... | |
 | New York (State) - Session laws - 1851
...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. 
