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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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The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - 1867 - 298 sider
...Existing suits— Material variance. 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 Constitution of South Carolina: Adopted April 16, 1868, and the Acts and ...

South Carolina - 1868 - 942 sider
...reply. SEC. 192. No variance between the allegation in a pleading and the riM1ae^rial va" 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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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 27

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 624 sider
...H. 114,) that "no variance between Pattison v. Jones. the allegations in a pleading and the proof is to be deemed material, unless it have actually misled the adverse party to liis prejudice, in maintaining his action or defense upon the merits." In order to determine, therefore,...
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The Code of Procedure of the State of New York as Amended by the Legislature ...

New York (State). - 1869 - 280 sider
...169. No variance between the allegation in a pleading and the proof shall be deemed material, unless n have actually misled the adverse party, to his prejudice, in maintaining his action er defence, upon the merits Whenever it shall be alleged, that a party has been so misled, that fact...
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The Code of Procedure of the State of New York: From 1848 to 1871 ...

1870 - 378 sider
...1849.) § 169. (As am'd in 1849.) 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 bis action or defense, upon the merits. Whenever it shall be alleged that a party has been so misled,...
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Reports of Cases in the Supreme Court of Nebraska, Volum 62

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1902 - 1050 sider
...averment of a pleading and the evidence given to sustain it is not to be deemed material unless it has misled the adverse party to his prejudice in maintaining his action or defense upon the merits. 4. Tax Lien Extinguished by Payment: EXCKPTION. The tax lien upon real estate existing in favor of...
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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Volum 67

North Carolina. Supreme Court - 1872 - 568 sider
...is as follows : " SECTION 128. No variance between the allegation in a pleading and the prool 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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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - 1872 - 774 sider
...substantial rights. $ 469. (§ 579.) No variance between the allegation in a pleading and the proc* 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...
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The Code of Civil Procedure: Of the State of California, Del 3

California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 sider
...variance between the allegation Material in a pleading and the proof is to be deemed material, how pro-' unless it have actually misled the adverse party to...maintaining his action or defense upon the merits. Whenever it is alleged that a party has been so misled, that fact must be proved to the satisfaction...
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General Laws, Private Acts, Joint Resolutions, and Memorials: 1st-11th Sess ...

Colorado Territory - 1872 - 260 sider
...Colorado Territory: SECTION 1. No variance between the allegations in O 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...
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