| Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1861 - 774 pages
...allegation iQ a pleading and the proof, shall be deemed material, unless it shall actually mislead the adverse party to his prejudice in maintaining his action or defense upon its merits. Whenever it shall be alleged that the party has been so misled, that fact shall be proved... | |
| North Dakota - Session laws - 1862 - 640 pages
...allegation in pleadinsr twcen pleading and proof. 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 merits. Whenever it is alleged, that a party has been so misled, that fact must be... | |
| New York (State) - Law - 1863 - 1026 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,...his action or defense, upon the merits. Whenever it shall be alleged, that a party has been so misled, that fact shall be proved to the satisfaction of... | |
| Thomas Berry Cusack Smith - Law reform - 1863 - 140 pages
...inclusive. Those sections appear to be of much importance, and are as follows : — Section 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, upon... | |
| John Townshend - Civil procedure - 1864 - 320 pages
...variance between the allegation in a pleading am! the proof shall be deemed material, unless it have actually misled the adverse party, to his prejudice,...his action or defense, upon the merits. Whenever it shall be alleged that a party has been so misled, that fact shall be proved to the satisfaction of... | |
| John Townshend - Court rules - 1867 - 298 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 a party has been so misled, that fact shall... | |
| 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 - 1868 - 624 pages
...section 94 of the code, (2 G. & H. 114,) that "no variance between Pattison v. Jones. the allegations in a pleading and the proof is to be deemed material, unless it have actually misled the adverse party to liis prejudice, in maintaining his action or defense upon... | |
| South Carolina - 1868 - 942 pages
...the allegation in a pleading and the riM1ae^rial va" 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 - 1869 - 280 pages
...variance between the allegation in a pleading and the proof shall be deemed material, unless n have actually misled the adverse party, to his prejudice, in maintaining his action er defence, upon the merits Whenever it shall be alleged, that a party has been so misled, that fact... | |
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