 Where the variance is not material, as provided in the last section, the court may direct the fact to be found according to the evidence or may order an immediate amendment, without costs.  The Pacific Reporter - Side 861923Uten tilgangsbegrensning - Om denne boken
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 sider
...upon such terms as shall be just. § 146. Where the variance is not material, as provided in the last section, the court may direct the fact to be found...or may order an immediate amendment, without costs. § 147. Where, however, the allegation of the cause of action or defence to which the proof is directed... | |
 | 1848 - 718 sider
...prejudice, in maintaining his action or defence upon the merits. Where the variance is immaterial, the court may direct the fact to be found according...may order an immediate amendment •without costs. Any pleading may be amended by the party of course without costs and without prejudice to the proceedings... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 sider
...be just. Amended Code, § 169. § 667. Where the variance is not material, as provided in the last section, the court may direct the fact to be found...or may order an immediate amendment, without costs. Amended Code, § 170. § 669. Where, however, the allegation of the claim or defence to which the proof... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 sider
...Immaterial variances, how provided for. — Where the variance is not material, as provided in the last section, the court may direct the fact to be found...or may order an immediate amendment without costs. See note to last section. The denial of a motion to amend made at the trial, ia not a ground of exception.... | |
 | 1851 - 520 sider
...such terms as shall be just. " S. 170. Where the variance is not material, as provided in the last section, the court may direct the fact to be found...or may order an immediate amendment, without costs. " S. 171. Where, however, the allegation of the cause of action or defence, to which the proof is directed,... | |
 | New York (State), Henry Strong McCall - 1851 - 244 sider
...as imm«<mai provided in the last section, the court may direct the fact to ii°w prcm* J dcd for. be found according to the evidence, or may order an immediate amendment, without costs. i Variances not affecting the merits, will be disregarded on arguments at bar. And the court upon the... | |
 | Kentucky - 1851 - 544 sider
...amended, upon such terms as maybe just. § 183. Where the variance is not material as provided in the last section, the court may direct the fact to be found according to the evidence, and may order an immediate amendment without costs. § 184. Where, however, the allegation of the claim... | |
 | Kentucky - 1851 - 548 sider
...upon such terms as may be just. § 183. Where the, variance is not material as provided in the last section, the court may direct the fact to be found according to the evidence, and may order an immediate amendment without costs. § 184. Where, however, the allegation of the claim... | |
 | New York (State). - 1851 - 266 sider
...imm«ien«i VHriam-c*. in the last section, the court may direct the fact to be found Jl^v,-0prrov' according to the evidence, or may order an immediate amendment, without costs. &171. Where, however, the allegation of the cause of wimtmbe. deemed u action or defence to which the... | |
 | New York (State) - 1851 - 1408 sider
...immmeri«i varinnctH, in the last section, the court may direct the fact to be found a""'foprrovi" according to the evidence, or may order an immediate amendment, without costs. 5) 171. Where, however, the allegation of the cause ofwhwiohe deemed :i action or defence to which... | |
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