 | New York (State). Legislature - 1848 - 672 страница
...has been so misled, that fact shall be proved to the satisfaction of the court, by affidavit, shewing in what respect he has been misled ; and, thereupon,...pleading to be amended, upon such terms as shall be just. § 146. Where the variance is not material, as provided in immaterial the last section, the court may... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 страница
...has been so misled, that fact shall be proved to the satisfaction of the court, by affidavit, shewing in what respect he has been misled ; and thereupon,...pleading to be amended, upon such terms as shall be just. § 146. Where the variance is not material, as provided in the last section, the court may direct the... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 страница
...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...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... | |
 | 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.... | |
 | 1851 - 520 страница
...it have actually misled the adverse party, to his prejudice, in maintaining his action or defence, upon the merits. Whenever it shall be alleged that...pleading to be amended, upon such terms as shall be just. " S. 170. Where the variance is not material, as provided in the last section, the court may direct... | |
 | New York (State). - 1851 - 266 страница
...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...pleading to be amended, upon such terms as shall be just. ft 170. Where the variance is not material, as provided imm«ien«i VHriam-c*. in the last section,... | |
 | New York (State) - 1851 - 1408 страница
...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...pleading to be amended, upon such terms as shall be just. 6 170. Where the variance is not material, as provided immmeri«i varinnctH, in the last section, the... | |
 | New York (State), Henry Strong McCall - 1851 - 244 страница
...party, to his prejudice, in Amended maintaining his action or defence, upon the merits. When- IM»ever it shall be alleged, that a party has been so misled,...pleading to be amended, Upon such terms as shall be just. §170. [Sec. 14(5.] Where the variance is not material, as imm«<mai provided in the last section,... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 страница
...permitting an amendment of a pleading sworn to. Verplank v. Mercantile las. Co., 1 Edwards, Ch. R., 46. a party has been so misled, that fact shall be proved...pleading to be amended, upon such terms as shall be just. This section is indentical with section 145 of the code of 1848, and under that eectiou where two parties... | |
 | Kentucky - 1851 - 548 страница
...been so misled, that fact must be shown to the satisfaction of the court, and it must also be shown in what respect he has been misled ; and, thereupon,...order the 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... | |
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Whenever it shall be alleged that a party has been so misled, that fact shall be proved to the satisfaction of the Court, and in what respect he has been misled; and thereupon the Court may order the pleading to be amended, upon such terms as shall be... 
