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" No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. "
Reports of Cases Determined in the Courts of Appeal of the State of California - Page 60
1913
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The Practice Act of the State of Connecticut: With the Orders, Rules, and ...

Connecticut - Civil procedure - 1879 - 354 pages
...allegation was made without reasonable excuse, or if the adverse party was actually misled thereby to his prejudice, in maintaining his action or defense upon the merits, and this is shown to the satisfaction of the court, such amendment shall be made only upon payment...
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The Code of Civil Procedure of the State of California: Adopted March 11 ...

California, Nathan Newmark - Civil procedure - 1880 - 786 pages
...when allowed. § 475. No error or defect to be regarded unless it aifects substantial rights. § 469. No variance between the allegation in a pleading and...be deemed material, unless it has actually misled tlie adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - Civil procedure - 1880 - 864 pages
...when allowed. S 475. No error or detect to be regarded unless It affects substantial rights. § 469. No variance between the allegation in a pleading and...be deemed material, unless it has actually misled tbe adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it...
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The Code of Civil Procedure of the State of California, Adopted March 11th ...

California, Nathan Newmark - Civil procedure - 1880 - 768 pages
...name, when allowed. SO. No error or delect to be regarded unless It aflects substantial rights. § 469. No variance between the allegation in a pleading and the proof is to be deemed material, unless it lias actually misled the adverse party to his prejudice in maintaining his action or defense upon the...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1881 - 730 pages
...it is true, provides that " lío variance between the allegation in the pleading and the proof shall be deemed material, unless it has actually misled...maintaining his action or defense upon the merits. When it shall be alleged that a party has been so misled, that fact shall be proved to the satisfaction...
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The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

Nebraska, Guy Ashton Brown - Law - 1881 - 842 pages
...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,...his action or defense upon the merits. Whenever it is alleged that a party has been so misled, that fact must be proved to the satisfaction of the court,...
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The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

Nebraska, Guy Ashton Brown - Law - 1881 - 838 pages
...be substituted. MISTAKES IN PLEADINGS, AND AMENDMENTS. SEC. 188. [Variance— When not material.]— 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 defense upon...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 pages
...variances ; how provided for. — A variance, between an allegation in a pleading and the proof, is not material, unless it has actually misled the adverse...party, to his prejudice, in maintaining his action or defence, upon the merits. If a party insists that he has been misled, that fact, and the particulars...
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The Ohio Law Journal, Volume 2

Law - 1882 - 692 pages
...the court in arresting the case from the jury, and in directing a nonsuit. The code provides, that no variance between the allegation in a pleading and...his prejudice, in maintaining his action or defense on the merits. Whenever it is alleged that à party has been so misled, that fact must be proved to...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 55

Iowa. Supreme Court - Law reports, digests, etc - 1882 - 818 pages
...Code touching the questions raised are as follows: "Sec. 2686. No variance between the allegations in a pleading and the proof is to be deemed material...his action or defense upon the merits. Whenever it is alleged that a party has been so misled, that fact must be 'shown by proof to the satisfaction of...
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