 | New York (State), John Townshend - Civil procedure - 1873 - 960 pages
...(Am'd 1849.) Material variance. No variance between the allegation in a pleading and the proof shall be deemed material, unless it have actually misled...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... | |
 | South Carolina - Constitutions, State - 1873 - 1164 pages
...answer iiiid reply. SEC. 192. No variance between the allegation in a pleading and the proof shall be deemed material unless it have 'actually misled...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... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1884 - 806 pages
...variance between the allegation in a pleading, and the proof shall be deemed material, unless it has actually misled the adverse party to his prejudice,...maintaining his action or defense upon the merits, and when it is alleged that a party has been so misled, that fact must be proved to the satisfaction... | |
 | William Wait - Civil procedure - 1873 - 950 pages
...variance between the allegation in a pleading and the proof shall be deemed material, unless it has actually misled the adverse party to his prejudice,...maintaining his action or defense upon the merits, and the subsequent provisions in relation to amendments in such cases. But the general rules in relation... | |
 | 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 - 1874 - 672 pages
...have been introduced, except for the statutes on the subject of variance, amendments, and appeals. " No variance between the allegations in a pleading...party to his prejudice in maintaining his action or defence upon the merits." Sec. 94, 2 G. & H. 114. The court may at any time direct any material allegations... | |
 | Illinois. General Assembly. House of Representatives - Illinois - 1874 - 716 pages
...to prove. § 26. Special traverses and express color shall not be necessary in any pleading. § 27. No variance between the allegations 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... | |
 | William Wait - Civil procedure - 1874 - 910 pages
...introduced on the trial must be deemed immaterial, unless it has been satisfactorily shown to have misled the adverse party to his prejudice in maintaining his action or defense, upon the merits ; or, unless the allegation of the cause of action or defense to which the proof is directed is unproved,... | |
 | California - Session laws - 1874 - 524 pages
...read as follows: Variance. Section Four Hundred and Sixty-nine. 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... | |
 | Marcus Tullius Hun - Law reports, digests, etc - 1875 - 948 pages
...§§ 169, 170.) By the provisions made upon this subject, no variance between the allegation contained in a pleading and the proof is to be deemed material, unless it may actually mislead the adverse party to his prejudice. This is a very broad and comprehensive provision,... | |
 | California - Civil procedure - 1876 - 888 pages
...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...his action or defense upon the merits. Whenever it "appears74 that a party has been so misled, t the court may order the pleading to be amended, upon... | |
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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. 
