 | Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 pages
...uncertainty and expense, the code prescribes many simple and useful rules. No variance between the allegation in a pleading, and the proof is to be deemed material,...party to his prejudice in maintaining his action or defence upon the merits. In case of a failure of proof, and a verdict of the jury, or finding of the... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...-as we could devise. § 145. 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 liis action or defence, upon the merits. Whenever it shall be alleged, that a party has been so misled,... | |
 | New York (State). - 1850 - 920 pages
...substantial rights. 673. Supplemental complaint, answer and reply. § 666. No variance between the allegation in a pleading and the proof, is to be deemed material,...party, to his prejudice, in maintaining his action or defence, uj on the merits. Whenever it is alleged, that a party has been so misled, that fact must... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...No variance between the allegation in a plead ing and the proof, is to be deemed material, unless i have actually misled the adverse party, to his prejudice in maintaining his action or defence, ujon the merits. Whenever it is alleged, that a party has been so misled that fact must be... | |
 | 1851 - 520 pages
...separately stated. " S. 169. 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... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 pages
...variances, how provided for. — 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 • One of the wisest and most beneficent... | |
 | California. Supreme Court - 1851 - 672 pages
...the Practice Act provides that no variance between the allegation in a pleading and the proof shall be deemed material, unless it have actually misled...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) - 1851 - 1408 pages
...allegation in a pleadingMoicrial and the proof, shall be deemed material, unless it have h™"™";. actually misled the adverse party, to his prejudice, in maintaining his action or defence,upon therncrits. Whenever it shall be alleged, that a party has been so misled, that fact shall... | |
 | New York (State). - 1851 - 266 pages
...the allegation in a pleading Material and the proof, shall be deemed material, unless it haveK"p%J;. actually misled the adverse 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... | |
 | Kentucky - 1851 - 544 pages
...originals. CHAPTER 8. Mistakes in pleading, and amendments. § 182. 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... | |
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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. 
