 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 South Western Reporter - Page 621921Full view - About this book
 | 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 to the evidence, or may order an immediate amendment •without costs. Any pleading may be amended by the party of course... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...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 according to the evidence, or may order an immediate amendment, without costs. § 147. Where, however, the allegation of the cause... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...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 according to the evidence, or may order an immediate amendment, without costs. Amen, ed Code, § 170. § 668. Where, however,... | |
 | Kentucky - Session laws - 1851 - 544 pages
...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...the evidence, and may order an immediate amendment without costs. § 184. Where, however, the allegation of the claim or defense to which the proof is... | |
 | Kentucky - Law - 1851 - 548 pages
...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...the evidence, and may order an immediate amendment without costs. § 184. Where, however, the allegation of the claim or defense to which the proof is... | |
 | Law - 1851 - 520 pages
...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 according to the evidence, or may order an immediate amendment, without costs. " S. 171. Where, however, the allegation of the... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...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 according to the evidence, or may order an immediate amendment without costs. See note to last section. The denial of a motion... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...terms as shall be just. § 170. 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. § 171. Where, however, the allegation of the cause... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...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 according to the evidence, or may order an immediate amendment without costs. See note to last preceding section. The denial of... | |
 | 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 to the evidence, or may order an immediate amendment without costs. RS 1852, vol. 2, p. 46. The Court may, also, at... | |
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