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" ... actually misled the adverse party, to his prejudice, in maintaining his action or defense, upon the merits. Whenever it... "
The South Western Reporter - Page 62
1921
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...proved to the satisfaction of the court, by affidavit, shewing in what respect he has been misled ; and thereupon, the court may order the pleading to be amended, upon such terms as shall be just. § 146. Where the variance is not material, as provided in the last section, the court...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - Law - 1848 - 672 pages
...proved to the satisfaction of the court, by affidavit, shewing in what respect he has been misled ; and, thereupon, the court may order the pleading to be amended, upon such terms as shall be just. § 146. Where the variance is not material, as provided in immaterial the last section,...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...be proved to the satisfaction of the courl and it must be shown in what respect he has been misled; and thereupon the court may order the pleading to be amended, upon such terms as may be just. Amended Code, § 169. § 667. Where the variance is not material, as provided in the last section,...
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Reports of Cases Argued and Determined in the Supreme Court of Tennessee ...

Tennessee. Supreme Court, West Hughes Humphreys - Law reports, digests, etc - 1850 - 862 pages
...that fact shall be proved to the satisfaction of the court, and in what respect he has been misled, the court may order the pleading to be amended upon such terms as may be just." New York Statutes, 1849, ch. 438, sec. 169. IRBY AND GARDNER vs. BRIGHAM AND JOHNSON. 1 . Assumpsit...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...satisfaction of the court and it must be shown in what respect he has been mis" led; and thereupon the eourt may order the pleading to be amended, upon such terms as may be just. Amended Code, § 169. § 667. Where the variance is not material, as provided in the last section,...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...shown to the satisfaction of the court, and it must also be shown in what respect he has been misled ; and, thereupon, the court may order the pleading to be amended, 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...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...that fact shall be proved to the satisfaction of the court, and in what respect he has been misled ; and thereupon the court may order the pleading to be amended, upon such terms as shall be just. This section is indentical with section 145 of the code of 1848, and under that eectiou...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 518 pages
...that fact shall be proved to the satisfaction of the court, and in what respect he has been misled; and thereupon the court may order the pleading to be amended, upon such terms as shall be just. " S. 170. Where the variance is not material, as provided in the last section, the court...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 266 pages
...that fact shall be proved to the satisfaction of the court, and in what respect he has been misled ; and thereupon the court may order the pleading to be amended, upon such terms as shall be just. ft 170. Where the variance is not material, as provided imm«ien«i VHriam-c*. in the...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...shown to the satisfaction of the court, and it must also be shown in what respect he has been misled ; and, thereupon, the court may order the pleading to be amended, upon such terms as maybe just. § 183. Where the variance is not material as provided in the last section, the court may...
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