 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 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. §170. [Sec. 14(5.] Where the variance is not material, as imm«<mai provided in the... | |
 | New York (State) - Civil procedure - 1852 - 606 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 identical with section 145 of the code of 184B, and under that section... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...clearly referrible to amendments upon the trial, and to those alone. These provisions run as follows : court may order the pleading to be amended, upon such terms as shall be just. § 170. Where the variance is not material, as provided in the last section, the court... | |
 | 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 - 1853 - 688 pages
...be proved to the satisfaction of the Court, and it must bo 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. Where the variance is not material in the sense stated, the Court may direct the fact to be found according... | |
 | Wisconsin - Session laws - 1853 - 810 pages
...shall be proved to the satisfaction of the court, and in what respect he has been misled, and thereopon the court may order the pleading to be amended upon such terms as may be just. SEO. 78. Where the variance is not material as provide<* *n *ne ^as* 8ecti°n> the court may direct... | |
 | New York (State) - Civil procedure - 1855 - 802 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. a. This section was amended in 1849. Prior to 1849, the latter portion of thie section,... | |
 | Oregon - Law - 1855 - 670 pages
...shall be proved to the satisfaction of TITLE 10. 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. iSta!^1 SEC. 68. "When the variance is not material, as provided in the how provid-... | |
 | District of Columbia - Law - 1857 - 788 pages
...proved 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. SEC. 47. When the variance is not material as provided in the last preceding section, the court may... | |
 | Kansas - Session laws - 1859 - 726 pages
...proved to the sat sf action of the court, and it must also be shown in what resju-ct he has been misled, and, thereupon!, the court may order the pleading to be amended, upon such terms as may be just, г«,,! m« di««» SEC. 142. When the variance is not material, as provided in l«ctl to b« found.... | |
 | Nebraska - Session laws - 1859 - 464 pages
...proved 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 m;iy be just. Varianee in SEC. 130. No variance between the allegation in a pleadFact to be found §... | |
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... actually misled the adverse party, to his prejudice, in maintaining his action or defense, upon the merits. Whenever it... 
