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" Whenever it shall be alleged that a party has been so misled, 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... "
Reports of Cases Determined in the Supreme Court of the State of Washington - Page 522
by Washington (State). Supreme Court, Eugene Genroy Kreider - 1892
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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
...has been so misled, that fact shall be proved to the satisfaction of the court, by affidavit, shewing in what respect he has been misled ; and, thereupon,...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, the court may...
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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
...has been so misled, that fact shall be proved to the satisfaction of the court, by affidavit, shewing in what respect he has been misled ; and thereupon,...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 may direct the...
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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
...party has been so misled that fact must be proved to the satisfaction of the courl and it must be shown in what respect he has been misled; and thereupon...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...
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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....
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 518 pages
...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...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 may direct...
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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
...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...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 last section,...
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Laws of the State of New York, Volume 2

New York (State) - Session laws - 1851 - 1408 pages
...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...pleading to be amended, upon such terms as shall be just. 6 170. Where the variance is not material, as provided immmeri«i varinnctH, in the last section, the...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...party, to his prejudice, in Amended maintaining his action or defence, upon the merits. When- IM»ever it shall be alleged, that a party has been so misled,...pleading to be amended, Upon such terms as shall be just. §170. [Sec. 14(5.] Where the variance is not material, as imm«<mai provided in the last section,...
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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
...permitting an amendment of a pleading sworn to. Verplank v. Mercantile las. Co., 1 Edwards, Ch. R., 46. a party has been so misled, that fact shall be proved...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 where two parties...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...been so misled, that fact must be shown to the satisfaction of the court, and it must also be shown in what respect he has been misled ; and, thereupon,...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...
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