 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 страница
...that a party has been so misled that fact must be proved to the satisfaction of the courl and it must be shown in what respect he has been misled; and thereupon...pleading to be amended, upon such terms as may be just. Amended Code, § 169. § 667. Where the variance is not material, as provided in the last section,... | |
 | Tennessee. Supreme Court, West Hughes Humphreys - 1850 - 862 страница
...that fact shall be proved to the satisfaction of the court, and in what respect he has been misled, the court may order the pleading to be amended upon such terms as may be just." New York Statutes, 1849, ch. 438, sec. 169. IRBY AND GARDNER vs. BRIGHAM AND JOHNSON. 1 . Assumpsit... | |
 | New York (State). - 1850 - 920 страница
...satisfaction of the court and it must be shown in what respect he has been mis" led; and thereupon the eourt may order the pleading to be amended, upon such terms as may be just. Amended Code, § 169. § 667. Where the variance is not material, as provided in the last section,... | |
 | Kentucky - 1851 - 548 страница
...party to his prejudice, in maintaining his action or defense upon the merits. Whenever it is alledged that a party has been so misled, that fact must be...pleading to be amended, upon such terms as may be just. § 183. Where the, variance is not material as provided in the last section, the court may direct the... | |
 | Henry Whittaker - 1852 - 900 страница
...clearly referrible to amendments upon the trial, and to those alone. These provisions run as follows : court may order the pleading to be amended, upon such terms as shall be just. § 170. Where the variance is not material, as provided in the last section, the court... | |
 | 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 страница
...party has been so misled, that fact must be proved to the satisfaction of the Court, and it must bo shown in what respect he has been misled; and thereupon...pleading to be amended upon such terms as may be just. Where the variance is not material in the sense stated, the Court may direct the fact to be found according... | |
 | Wisconsin - 1853 - 810 страница
...shall be proved to the satisfaction of the court, and in what respect he has been misled, and thereopon the court may order the pleading to be amended upon such terms as may be just. SEO. 78. Where the variance is not material as provide<* *n *ne ^as* 8ecti°n> the court may direct... | |
 | District of Columbia - 1857 - 788 страница
...defence upon the merits. Whenever it is alleged that a party has been so misled, that fact must be proved to the satisfaction of the court, and it must also...pleading to be amended upon such terms as may be just. SEC. 47. When the variance is not material as provided in the last preceding section, the court may... | |
 | Kansas - 1859 - 726 страница
...that fact must be proved to the sat sf action of the court, and it must also be shown in what resju-ct he has been misled, and, thereupon!, the court may...pleading to be amended, upon such terms as may be just, г«,,! m« di««» SEC. 142. When the variance is not material, as provided in l«ctl to b« found.... | |
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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. Whenever it... 
