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" ... actually misled the adverse party, to his prejudice, in maintaining his action or defense, upon the merits. Whenever it... "
The Southwestern Reporter - Side 53
1897
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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
...satisfaction of the court, by affidavit, shewing 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. § 146. Where the variance is not material, as provided in the last section, the court...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - 1848 - 672 sider
...satisfaction of the court, by affidavit, shewing 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. § 146. Where the variance is not material, as provided in immaterial the last section,...
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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
...satisfaction of the courl and it must 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. Amended Code, § 169. § 667. Where the variance is not material, as provided in the last section,...
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Reports of Cases Argued and Determined in the Supreme Court of Tennessee ...

Tennessee. Supreme Court, West Hughes Humphreys - 1850 - 862 sider
...fact shall be proved to the satisfaction of the court, and in what respect he has been misled, the court may order the pleading to be amended upon such terms as may be just." New York Statutes, 1849, ch. 438, sec. 169. IRBY AND GARDNER vs. BRIGHAM AND JOHNSON. 1 . Assumpsit...
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The Code of Civil Procedure of the State of New York: Reported ..., Volum 2

New York (State). - 1850 - 920 sider
...satisfaction of the court and it must be shown in what respect he has been mis" led; and thereupon the eourt may order the pleading to be amended, upon such terms as may be just. Amended Code, § 169. § 667. Where the variance is not material, as provided in the last section,...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volum 1

Kentucky - 1851 - 548 sider
...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. § 183. Where the, variance is not material as provided in the last section, the court may direct the...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 sider
...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 maybe just. § 183. Where the variance is not material as provided in the last section, the court may...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volum 14;Volum 45

1851 - 520 sider
...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. " S. 170. Where the variance is not material, as provided in the last section, the court...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 sider
...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. ft 170. Where the variance is not material, as provided imm«ien«i VHriam-c*. in the...
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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
...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 indentical with section 145 of the code of 1848, and under that eectiou...
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