...recital or setting forth on the record, of any contract, &c. in any particular not material to the merits of the case, and by which the opposite party cannot have been pre. judiced. Terms of amendment. c. 42.* ; whereby, after reciting that great expence was often incurred,...

...matter, in any particular or particulars in the judgment of such court or judge not material to the merits of the case, and by which the opposite party cannot have Ijeen prejudiced in the conduct of his action, prosecution, or defence, to be forthwith amended inquiry...

...such Court or Judge not material to the merits of the case, and by which the opposite }>arty cannnt have been prejudiced in the conduct of his action,...amended by some officer of the Court or otherwise. " Provided that it shall be lawful for any party who is dissatisfied with the decision of such Judga...

...verbal as written evidence, in any particular, in the judgment of the Court or judge Hot material to the merits of the case, and by which the opposite party...the conduct of his action, prosecution, or defence; (a) but it is discretionary to permit an amendment, and if refused, there is no appeal; though when...

...Court or Judge not material to the merits of the can; and by which the o]iposiic party cannot have bem prejudiced in the conduct of his action, prosecution,...amended by some officer of the Court or otherwise. " Provided that it shall be lawful for any party who is dissatisfied with the decision of such Judge...

...where the variance between the proof and the contract set forth in the record is " not material to the merits of the case, and by which the opposite party cannot have been prejudiced in his defence." This, it is submitted, is a substantial variance, and one which would prejudice the defendant...

...4, as to pleadings in 3. used) " a matter not material to the merits of the case." and Exch. of Ph by which the opposite party cannot have been prejudiced in the conduct of his action? Certainly it is not. The matter of the amendment is most material to the plaintiff in the conduct of...

...No. I. 3 & 4 W. 4, с. 42. Power for the court or judge to direct the facts to be found specially, which the opposite party cannot have been prejudiced...the conduct of his action, prosecution, or defence, (1) to be forthwith amended by some officer of the court or otherwise, both in the part of the pleadings...

...the most general term used) " a matter not material to the merits of the case," and Exch. of Pleas, by which the opposite party cannot have been prejudiced in the conduct of his action? Certainly it is not. The matter of the amendment is most material to the plaintiff in the conduct of...

...material to the merits of the a*?" and by w^iich the opposite party cannot have been prejudiced in &<• " conduct of his action, prosecution, or defence, to...some officer of the court or otherwise, both in the pwt • Ryder v. Malbon, 3 Car. & P. 594. per Park, J. •> Jelf D. Oriel, 4 Car. & P. 22. per Ld....