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" 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 Code of Civil Procedure of the State of New York: The Twenty-three ... - Side 98
av New York (State) - 1895 - 926 sider
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 sider
...amended, 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...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...
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The Western Journal, of Agriculture, Manufactures, Mechanic Arts ..., Volum 1

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...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 sider
...terms as may be just. Amended Code, § 169. § 667. Where the variance is not material, as provided in the last section, the court may direct the fact...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...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volum 14;Volum 45

1851 - 518 sider
...amended, upon 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...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,...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 sider
...[146.] Immaterial variances, how provided for. — Where the variance is not material, as provided in the last section, the court may direct the fact...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....
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 sider
...amended, upon such terms as shall be just. § 170. Where the variance is not material, as provided in the last section, the court may direct the fact...or may order an immediate amendment, without costs. § 171. Where, however, the allegation of the cause of action or defence, to which the proof is directed,...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 sider
...suits. Immaterial variances, how provided for. — Where the variance is not material, as provided in the last section, the court may direct the fact...or may order an immediate amendment without costs. See note to last preceding section. The denial of a motion to amend made at the trini, is noi a ground...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 3

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 - 1853 - 688 sider
...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...or may order an immediate amendment without costs. RS 1852, vol. 2, p. 46. The Court may, also, at any time, in its discretion, and upon such terms as...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 802 sider
...Existing suits. Immaterial variance*, how provided for. Where the variance is not material, as provided in the last section, the court may direct the fact...or may order an immediate amendment without costs. 'See note to last preceding section. Л. The denial of a motion to amend made at the trial, is not...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 1

George Caines - 1854 - 764 sider
...pleading to be amended, upon such terms as ehall be just. Where the variance is not material, as provided in the last section, the court may direct the fact...or may order an immediate amendment, without costs. Where, however, the allegation of the cause of action or defence to which the proof is directed is...
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