 | California. Supreme Court - 1851 - 672 σελίδες
...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 his defense on the merits, and if so proved, the pleadings may be amended on such terms as shall be just.... | |
 | 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 - 1853 - 688 σελίδες
...between the allegations in a pleading and the proof is to be deemed material, unless it has actuallV misled the adverse party to his prejudice in maintaining his action or defense upon the merits. When it is alleged that the party has been so misled, that fact must be proved to the satisfaction... | |
 | California. Supreme Court - 1853 - 708 σελίδες
...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 his defense on the merits, and if sO proved, the pleadings may be amended on such terms as shall be just.... | |
 | New York (State) - 1855 - 802 σελίδες
...No 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 • и. " One of the wisest and most beneficent parte of oar law is the statute which confers on our... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1856 - 724 σελίδες
...allegation in a pleading and the proof, shall be material, unless it shall have actually misled the party, to his prejudice, in maintaining his action or defense upon the merits." There was no allegation, on th» trial, that the defendants were misled. Indeed they could not have... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1857 - 722 σελίδες
...No variance between the allegations in a pleading and the proof shall be deemed material, unless it have actually misled the adverse party to his prejudice...maintaining his action or defense upon the merits." Immaterial variances are to be disregarded on the trial, or the court may then amend, or whenever the... | |
 | District of Columbia - 1857 - 788 σελίδες
...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 the merits. Whenever it is alleged that a party has been so misled, that fact must be... | |
 | Nathan Howard (Jr.) - 1857 - 630 σελίδες
...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 - 726 σελίδες
...V«I»H«II »•,. .. ,11 .,, twe>n PI»»di = Sl Mid the proof, is to be deemed material unless it have actually " misled the 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 σελίδες
...the Code, no such variance between the allegation and the proof shall be deemed material, unless it have actually misled the 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... | |
| |
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. 
