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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. "
Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Página 105
por Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1874
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Southern Quarterly Review, Volume 17

Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 páginas
...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,...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 court against the party...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 páginas
...-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,...
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The Western Journal, of Agriculture, Manufactures, Mechanic Arts ..., Volume 1

1848 - 718 páginas
...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 according to the evidence,...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - 1850 - 920 páginas
...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,...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 be proved...
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Reports of Cases Argued and Determined in the Supreme Court of Tennessee ...

Tennessee. Supreme Court, West Hughes Humphreys - 1850 - 862 páginas
...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 shall be proved to the...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 páginas
...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 proved to...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 páginas
...variances, how provided for. — No variance between the allegation in a pleading and the proof, shall be deemed material, unless it have actually misled...maintaining his action or defence, upon the merits. Whenever it shall be alleged, that • One of the wisest and most beneficent parts of our law is the...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14;Volume 45

1851 - 518 páginas
...separately stated. " S. 169. No variance between the allegation in a pleading and the proof, shall be deemed material, unless it have actually misled...maintaining his action or defence, upon the merits. Whenever it shall be alleged that a party has been so misled, that fact shall be proved to the satisfaction...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 1

California. Supreme Court - 1851 - 672 páginas
...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....
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 páginas
...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,...maintaining his action or defence, upon the merits. Whenever it shall be alleged, that a party has been so misled, that fact shall be proved to the satisfaction...
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