 Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be. deemed a case of variance. within the last two...  The Northeastern Reporter - Page 231892Full view - About this book
 | New York (State). Legislature - 1848 - 672 pages
...reply. 147. Where, however, the allegation of the cause of acor defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections, but a failure of proof. § 148.... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...147. Where, however, the allegation of the cause . of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections, but a failure of proof. Page... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...170. § 669. Where, however, the allegation of the claim or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the last two section?,... | |
 | 1851 - 520 pages
...171. Where, however, the allegation of the cause of action or defence, to which the proof is directed, is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance within the last two sections, but a failure of proof. " S. 172.... | |
 | New York (State), Henry Strong McCall - 1851 - 244 pages
...the allegation of the whattotc cause of action or defence to which the proof is directed is variance, unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections, but a failure of proof. §172.... | |
 | New York (State) - 1851 - 1408 pages
...the cause ofwhwiohe deemed :i action or defence to which the proof is directed is unprov- vari! ed, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections, l>ut a failure of proof. § 172.... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 pages
...— Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and moaning, it shall not be deemed a case of variance, within the last two sections, but a failure of... | |
 | New York (State). - 1851 - 266 pages
...cause of wimtmbe. deemed u action or defence to which the proof is directed is unprov- variancced, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections, but a failure of proof. § 172.... | |
 | Kentucky - 1851 - 548 pages
...costs. § 184. Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance within the last two sections,... | |
 | Kentucky - 1851 - 544 pages
...costs. § 184. Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope nnd meaning, it is not to be deemed a case of variance within the last two sections,... | |
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