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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. "
The Northeastern Reporter - Side 21
1920
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Southern Quarterly Review, Volum 17

Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850
...prescribes many simple and useful rules. 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. In case of a failure of proof, and a verdict of the jury, or finding of the...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848
...-as we could devise. § 145. No variance between the allegation in a pleading and the proof, shall be deemed material, unless it have actually misled...the adverse party, to his prejudice, in maintaining liis action or defence, upon the merits. Whenever it shall be alleged, that a party has been so misled,...
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The Western Journal, of Agriculture, Manufactures, Mechanic Arts ..., Volum 1

1848
...between the allegation in a pleading and the proof, shall be deemed material, unless it have oclnally misled the adverse party to his prejudice, in maintaining his action or defence upon the merits. Where the variance is immaterial, the court may direct the fact to be found...
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - 1850 - 791 sider
...complaint, answer and reply. § 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, uj on the merits. Whenever it is alleged, that a party has been so misled, that fact must...
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - 1850 - 791 sider
...No variance between the allegation in a plead ing and the proof, is to be deemed material, unless i have actually misled the adverse party, to his prejudice in maintaining his action or defence, ujon the merits. Whenever it is alleged, that a party has been so misled that fact must be...
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Reports of Cases Argued and Determined in the Supreme Court of Tennessee ...

Tennessee. Supreme Court, West Hughes Humphreys - 1850
...variance between an allegation in a pleading, and the proof shall be deemed material, unless it shall hare misled the adverse 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, and that fact...
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The Law Magazine, Or, Quarterly Review of Jurisprudence

1851
...separately stated. " S. 169. No variance between the allegation in a pleading and the proof, shall be deemed material, unless it have actually misled...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...
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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 - 394 sider
...variances, how provided for. — No variance between the allegation in a pleading and the proof, shall be deemed material, unless it have actually misled...party, to his prejudice, in maintaining his action or defence, upon the merits. Whenever it shall be alleged, that • One of the wisest and most beneficent...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 1

1851
...the Practice Act provides that no variance between the allegation in a pleading and the proof shall be deemed material, unless it have actually misled...adverse party to his prejudice in maintaining his defense on the merits, and if so proved, the pleadings may be amended on such terms as shall be just....
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volum 1

Kentucky - 1851
...variance between the allegation in a pleading and the proof, is to be deemed material, unless it has actually misled the adverse party to his prejudice,...maintaining his action or defense upon the merits. Whenever it is alledged that a party has been so misled, that fact must be shown to the satisfaction...
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