 | New York (State). Commissioners on Practice and Pleadings - 1848 - 312 sider
...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 his action or defence, upon the merits. Whenever it shall be alleged, that a party has been so misled, that fact... | |
 | 1850 - 460 sider
...defence, and which could not be stricken from the pleading, without leaving it insufficient. " § 666. 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 defence, upon... | |
 | Kentucky - 1851 - 548 sider
...substituted by the party withdrawing the originals. CHAPTER 8. Mistakes in pleading, and amendments. § 182. No variance between the allegation in a pleading and...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,... | |
 | 1851 - 520 sider
...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 his action or defence, upon the merits. Whenever it shall be alleged that a party has been so misled, that fact shall... | |
 | Member of the New York Bar - 1851 - 412 sider
...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 his action or defence, upon the merits. Whenever it shall be alleged, that * One of the wisest and most beneficent... | |
 | George Van Santvoord - 1852 - 676 sider
...variance between the pleading and the proof, is, as we have seen, defined by the Code, to be one which has " actually misled the adverse party, to his prejudice, in maintaining his action or defence upon the merits." If it have not so misled the adverse party, it may be amended without costs,... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1855 - 648 sider
...the allegation in a pleading and the proof shall be deemed material, unless it shall actually have misled the adverse party to his prejudice in maintaining his action or defense. (§ 169.) Then, it is not left to the judgment of the court whether, in a given instance, it was calculated... | |
 | New York (State) - 1855 - 802 sider
...variances 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 his action * a. " One of the wisest and most beneficent parts of our law is the statute which confers on our courts... | |
 | Joseph S. Bosworth, New York (State). Superior Court (New York) - 1859 - 772 sider
...the Code, " No variance between the pleading and the proof shall be deemed material, unless it have actually misled the adverse party to his prejudice in maintaining his action or defence upon the merits. And whenever it shall be alleged that a party has been so misled, that fact... | |
 | 1860 - 1204 sider
...without prolixity. Amendments. SEC. 2972. No variance between the allegation in a pleading and N'oimmstcr the proof is to be deemed material, unless it has actually misled the regarded. 10 adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever... | |
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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. Whenever it appears that a party 
