 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 211920Uten tilgangsbegrensning - Om denne boken
 | Nathan Howard (Jr.) - 1857 - 630 sider
...now the court are required to disregard every variance between the proof and pleadings, unless it has actually misled the adverse party to his prejudice in maintaining his action or defence upon the merits. (Code, § 169.) The party alleging that he has been misled, must prove it... | |
 | Kansas - 1859 - 728 sider
...between the allegation in a pleading V«I»H«II »•,. .. ,11 .,, twe>n PI»»di = Sl Mid the proof, is to be deemed material unless it have actually " misled...adverse party to his prejudice, in maintaining his nation or defence upon the merits. Whenever it is alleged that a party has been so misled, that fact... | |
 | New York (State). Superior Court (New York), Joseph S. Bosworth - 1859 - 756 sider
...the express terms of § 169 of the Code, no such variance between the allegation and the proof shall be deemed material, unless it have actually misled...adverse party to his prejudice in maintaining his defence upon the merits ; and whenever it is alleged that the party has been so misled, that fact must... | |
 | George Caines - 1854 - 764 sider
...Procedure (sees. 169 to 175) provide: 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 BO misled, that fact... | |
 | Nathan Howard (Jr.) - 1860 - 616 sider
...the allegation in s 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 defence. Now, in all actions, whenever it is alleged that a party has been misled, that fact muet be... | |
 | North Dakota - 1862 - 640 sider
...SECT. 128. No variance between the allegation in pleadinsr twcen pleading and proof. 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. Whenever it is alleged, that a party has been so misled, that fact must be... | |
 | New York (State) - 1863 - 1026 sider
...complaint, answer and reply. S 169. No variance between the allegation in a pleading and the proof, shall be deemed material, unless it have actually misled...maintaining his action or defense, upon the merits. Whenever it shall be alleged, that a party has been so misled, that fact shall be proved to the satisfaction... | |
 | Thomas Berry Cusack Smith - 1863 - 140 sider
...follows : — Section 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, upon the merits. Whenever it is alleged that a party has been so misled, that fact must be... | |
 | John Townshend - 1864 - 320 sider
...1849.) toeing suits—Xateriai No variance between the allegation in a pleading am! the proof shall be deemed material, unless it have actually misled...maintaining his action or defense, upon the merits. Whenever it shall be alleged that a party has been so misled, that fact shall be proved to the satisfaction... | |
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