 | Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 str.
...many simple and useful rules. No variance between the allegation in 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. In case of a failure of proof, and a verdict of the jury, or finding of the... | |
 | New York (State). Legislature - 1848 - 672 str.
...the adverse party, to his prejudice, in maintain- vided foring his action or defence, upon the merits Whenever it shall be alleged, that a party has been...misled, that fact shall be proved to the satisfaction of the court, by affidavit, shewing in what respect he has been misled ; and, thereupon, the court may... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 str.
...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...misled, that fact shall be proved to the satisfaction of the court, by affidavit, shewing in what respect he has been misled ; and thereupon, the court may... | |
 | 1848 - 718 str.
...between the allegation in a pleading and the proof, shall be deemed material, unless it have oclnally misled the adverse party to his prejudice, in maintaining his action or defence upon the merits. Where the variance is immaterial, the court may direct the fact to be found... | |
 | New York (State). - 1850 - 920 str.
...complaint, answer and reply. § 666. No variance between the allegation in 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, 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 str.
...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... | |
 | Tennessee. Supreme Court, West Hughes Humphreys - 1850 - 862 str.
...variance between an allegation in a pleading, and the proof shall be deemed material, unless it shall hare 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, and that fact... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 str.
...177. Supplemental complaint, answer and reply. $ 169. [145.] Material variances, how provided for. — No variance between the allegation in a pleading and...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... | |
 | 1851 - 520 str.
...to the action, and not require different places of trial, and must be separately stated. " S. 169. No variance between the allegation in a pleading and...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... | |
 | Kentucky - 1851 - 548 str.
...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,...maintaining his action or defense upon the merits. Whenever it is alledged that a party has been so misled, that fact must be shown to the satisfaction... | |
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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. 
