| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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,... | |
| 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... | |
| 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... | |
| 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... | |
| 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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