 No 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 in maintaining his action or defense upon the merits.  The Northwestern Reporter - Side 1721900Uten tilgangsbegrensning - Om denne boken
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 sider
...means of amendment of the most liberal character; as liberal, indeed, -as we could devise. § 145. No variance between the allegation in a pleading and...shall be deemed material, unless it have actually misled the adverse party, to his prejudice, in maintaining liis action or defence, upon the merits.... | |
 | 1848 - 718 sider
...not been passed by in silence, but the code has, on these subjects, prescribed wise and plain rules. 'No variance between the allegation in a pleading...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.... | |
 | Tennessee. Supreme Court, West Hughes Humphreys - 1850 - 862 sider
...the action. Let the judgment be reversed, and the cause remanded. NOTE.— "No 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... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 sider
...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... | |
 | 1851 - 520 sider
...to the action, and not require different places of trial, and must be separately stated. " S. 169. No variance between the allegation in a pleading and...shall be deemed material, unless it have actually misled the adverse party, to his prejudice, in maintaining his action or defence, upon the merits.... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 sider
...177. Supplemental complaint, answer and reply. $ 169. [145.] Material variances, how provided for. — No variance between the allegation in a pleading and...shall be deemed material, unless it have actually misled the adverse party, to his prejudice, in maintaining his action or defence, upon the merits.... | |
 | California. Supreme Court - 1851 - 672 sider
...the variance between the complaint and proof fatal ? The 64th sec. of the Practice Act provides that no variance between the allegation in a pleading and...shall be deemed material, unless it have actually misled the adverse party to his prejudice in maintaining his defense on the merits, and if so proved,... | |
 | Kentucky - 1851 - 544 sider
...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, in 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 of the court,... | |
 | Kentucky - 1851 - 548 sider
...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, in 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 of the court,... | |
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