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" ... or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially... "
The Pacific Reporter - Side 61
1908
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volum 1

Kentucky - 1851 - 548 sider
...other allegations material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved. The court may likewise, in its discretion, allow an answer or reply to he made, after the time limited...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 sider
...other allegations material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved. The court may likewise, in its discretion, allow an answer or reply to be made, after the time limited...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - 1858 - 714 sider
...amend any pleading in certain cases, " or when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved." This section was intended mainly (if not solely) to allow amendments so as to sustain a judgment ; not for...
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Laws, Joint Resolutions, and Memorials Passed at the Regular Session of the ...

Nebraska - 1859 - 464 sider
...other allegations material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved. And whenever any proceeding taken by a party fails to conform, in any respect, to the provisions of...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volum 5

New York (State) - 1863 - 1026 sider
...other allegations material to the case, or when the amendment does not change substantially the claim or defense by conforming the pleading or proceeding to the facts proved. As amended by Laws of 1851, ch. 479. 22 N. Y, 241 ; 18 N. Y, 621. 550; 14 N. Y, 2&1 ; 32 B, 221, 635;...
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The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - 320 sider
...other allegations material to the case; or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved. g 174. [149.] (Am'd 1851.) Existing suits — Relief in case of mistake. The court may likewise, in...
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A Treatise on the Law of Set-off, Recoupment, and Counter Claim

Thomas Whitney Waterman - 1869 - 800 sider
...mentioned, that the extra time necessary where the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved. In Ohio, Iowa and Nebraska, it is declared by statute that " When it appears that a new party is necessary...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volum 23

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1870 - 764 sider
...section which authorizes the court to amend, " when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved." It is only in the latter case that the court is restricted from allowing an amendment which changes...
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The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State), John Townshend - 1870 - 896 sider
...other allegations material to the case ; or, when the amendment does not change substantially the claim or defense by conforming the pleading or proceeding to the facts proved. the defect sought to be rectified (Harrington v. Slade, 22 Barb. 104). Thus amendments have been allowed...
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Practice Reports in the Supreme Court and Court of Appeals, Volum 41

Nathan Howard (Jr.) - 1871 - 704 sider
...other allegations material to the case; or when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved," has been settled by the following decisions : Amendment before trial, matter of course, Troy & Boston...
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