 ... unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits. Whenever it...  Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Page 200by Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Frank A. Turner, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Bellinger, Charles Byron - 1915Full view - About this book
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...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... | |
 | New York (State). Legislature - 1848 - 672 pages
...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 - 1850 - 898 pages
...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 pages
...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 satisfaction of the court, and in what respect he has been misled,... | |
 | Kentucky - 1851 - 548 pages
...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... | |
 | Kentucky - 1851 - 544 pages
...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 maybe just. § 183. Where the variance is not material as provided in the last section, the court may... | |
 | Wisconsin - 1853 - 810 pages
...the adverse party to his prejudice in maintaining his action or defence upon its merits. Whereover it shall be alleged that a party has been so misled....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... | |
 | 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 pages
...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...order the 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... | |
 | New York (State) - 1854 - 330 pages
...party has been misled, that fact shall be proved to the satisfaction of the court by affidavits showing in what respect he has been misled, and thereupon the court may order the pleading to be amended on such terms as shall be just." " Where usury is specially pleaded, the proof upon the trial or hearing... | |
 | Oregon - 1855 - 670 pages
...his action or dc-santr ' 421, fence upon the merits. Whenever it shall be alleged that a party719has been so misled, that fact shall be proved to the satisfaction of TITLE 10. the court, and in what respect he has been misled ; and thereupon the court may order the... | |
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