 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...amended, 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...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
...terms as may be just. Amended Code, § 169. § 667. Where the variance is not material, as provided in the last section, the court may direct the fact...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... | |
 | Law - 1851 - 520 pages
...amended, upon 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...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), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...[146.] Immaterial variances, how provided for. — Where the variance is not material, as provided in the last section, the court may direct the fact...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.... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...amended, upon such terms as shall be just. § 170. Where the variance is not material, as provided in the last section, the court may direct the fact...or may order an immediate amendment, without costs. § 171. Where, however, the allegation of the cause of action or defence, to which the proof is directed,... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...suits. Immaterial variances, how provided for. — Where the variance is not material, as provided in the last section, the court may direct the fact...or may order an immediate amendment without costs. See note to last preceding section. The denial of a motion to amend made at the trini, is noi a ground... | |
 | 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 - Law reports, digests, etc - 1853 - 688 pages
...be amended upon such terms as may be just. Where the variance is not material in the sense stated, the Court may direct the fact to be found according...or may order an immediate amendment without costs. RS 1852, vol. 2, p. 46. The Court may, also, at any time, in its discretion, and upon such terms as... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...Existing suits. Immaterial variance*, how provided for. Where the variance is not material, as provided in the last section, the court may direct the fact...or may order an immediate amendment without costs. 'See note to last preceding section. Л. The denial of a motion to amend made at the trial, is not... | |
 | George Caines - Law reports, digests, etc - 1854 - 764 pages
...pleading to be amended, upon such terms as ehall be just. Where the variance is not material, as provided in the last section, the court may direct the fact...or may order an immediate amendment, without costs. Where, however, the allegation of the cause of action or defence to which the proof is directed is... | |
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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. 
