 | Kentucky - 1851 - 544 páginas
...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 merits. Whenever it is alledged that a party has been... | |
 | Kentucky - 1851 - 548 páginas
...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 merits. Whenever it is alledged that a party has been... | |
 | Nathan Howard (Jr.) - 1860 - 620 páginas
...Code. Sections 1G9 to 173, inclusive, are more particularly applicable here. Section 169 declares that no variance between the allegation in a pleading and...actually misled the adverse party to his prejudice, in maintaining his action or defence upon the merits, and governs referees as well as courts whenever... | |
 | Nathan Howard (Jr.) - 1860 - 616 páginas
...These sections provide that no variance between the allegations of a pleading, and the proof, shall be material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defence upon Egert agt. Wicker. the merits, which fact shall be proved... | |
 | Ohio. Supreme Court - 1884 - 806 páginas
...proved was money loaned, or the consideration of the note. By section 5294 of the Revised Statutes, " No variance between the allegation in a pleading,...actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits, and when it is alleged that a party has been... | |
 | William Wait - 1873 - 950 páginas
...title, etc., have lost much of their former force and strictness, since the provision of the Code, that no variance between the allegation in a pleading and...actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits, and the subsequent provisions in relation to... | |
 | Ohio. Supreme Court - 1881 - 802 páginas
...nonsuit. The code provides, that 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 maintainIJarnett r. Ward. ing his action or defense on the merits. Whenever it is alleged that a... | |
 | California - 1874 - 524 páginas
...Section Four Hundred and Sixty-nine. 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 appears that a party has been so... | |
 | Illinois. General Assembly. House of Representatives - 1874 - 716 páginas
...necessary in any pleading. § 27. No variance between the allegations 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. § 28. If any original paper or pleading be lost,... | |
 | William Wait - 1874 - 910 páginas
...Material variances. As has been stated, no variance between the allegation in a pleading and the proof is material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Code, § 169. And where a party has been misled... | |
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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. 
