 | North Dakota - Session laws - 1862 - 640 pages
...128. No variance between the allegation in pleadinsr twcen pleading and proof. and the proof, is to be deemed material, unless it have actually misled...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... | |
 | Thomas Berry Cusack Smith - Law reform - 1863 - 140 pages
...follows : — Section 666. — " No variance between the allegation in a pleading and the proof is to be deemed material, unless it have actually misled...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... | |
 | John Townshend - Court rules - 1867 - 298 pages
...Suppiaineatal compUin:. iHi-*er, ana rtpiv. § 169. [145.] (Am'd 1849.) Existing suits— Material variance. No variance between the allegation in a pleading and...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) - 1867 - 1086 pages
...and reply. § 169. [145.] (Am'd 1849.) Existing suits— Material variance. No variance between tho , and to make costs, prevented a tender before action, for (i. * This chapter does not apply to affidavits, at least so far as to authorize an amendment of the... | |
 | South Carolina - 1868 - 942 pages
...answer, and reply. SEC. 192. No variance between the allegation in a pleading and the riM1ae^rial va" proof shall be deemed material, unless it have actually...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
...controverted by the adverse party as upon a direct denial or avoidance, as the case may require. , § 169. No 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... | |
 | Civil procedure - 1870 - 378 pages
...pleading to be amended, upon such terms as shall be just. (Am'd in 1849.) § 169. (As am'd in 1849.) No variance between the allegation in a pleading and...the adverse party, to his prejudice, in maintaining bis action or defense, upon the merits. Whenever it shall be alleged that a party has been so misled,... | |
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - Civil procedure - 1872 - 886 pages
...variance between the allegation Material in a pleading and the proof is to be deemed material, how pro-' unless it have actually misled the adverse party to...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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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 the merits. 
