 | Thomas Starkie - 1826 - 708 pages
...destroying the legal identity of the charge or claim. It is a most general rule, that no allegation which is descriptive of the identity of that which is legally essential to the claim or charge can ever be rejected. Were it otherwise, and if proof could be admitted which varied... | |
 | William Oldnall Russell - 1828 - 836 pages
...remembered, that it is a most general rule, that no allegation, whether necessary or unnecessary, which is descriptive of the identity of that which is legally essential to the charge on the indictment, can ever be rejected. Thus, if a man were to be charged with stealing a black horse,... | |
 | John Frederick Archbold - 1831 - 624 pages
...did not require proof. But this rnle does not extend to allegations, necessary or unnecessary, which are descriptive of the identity of that which is legally essential to the charge. As, for instance, an indictment for stealing a black horse, will not be supported by proof that the... | |
 | Vermont. Supreme Court - 1844 - 820 pages
...offence, may be rejected as surplusage, does not extend to allegations, necessary or unnecessary, which are descriptive of the identity of that which is legally essential to the charge. Arch. Crim. PI. 107, 108. CP Howard, State's attorney. We find no form given either in the common law,... | |
 | John Frederick Archbold - 1846 - 914 pages
...did not require proof. But this rule does not extend to allegations, necessary or unnecessary which are descriptive of the identity of that which is legally essential to the charge, As, for instance, an indictment for stealing a black horse, will not be supported by proof that the... | |
 | Arkansas. Supreme Court - 1853 - 926 pages
...variance — the replication simply setting forth a former suit against the defendant. No allegation descriptive of the identity of that which is legally essential to the claim, can be rejected. 1 Greenl. Ev. sec. 56, 58. 1 Stark Ev. 386, 388. The writ offered to be read... | |
 | Benjamin Robbins Curtis, United States. Circuit Court (1st Circuit) - 1854 - 572 pages
...allegation, whether it be necessary or unnecessary, whether it be more or less particular, which is descriptive of the identity of that which is legally essential to the charge in the indictment, can ever be rejected as surplusage." Apply that rule to this case. It is legally... | |
 | Hiram Denio - 1859 - 652 pages
...not proved may be rejected. (1 Chilly's PI. 372.) It is a general rule in pleading that no allegation descriptive of the identity of that which is legally essential to the claim or charge, can ever be rejected, as it VOL. III.* 46 Wilbur v. Brown. would tend to mislead the... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 1078 pages
...liabilities be again discussed ? Slirkie says, " It is a most general rule, that no allegation, which is descriptive of the identity of that which is legally essential to the charge or claim, can ever be rejected. Were it otherwise, and if proof could be admitted which varied from... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 552 pages
...again discussed ? Stnrkie says, u It is a most general rule, that no allegation, which is dtscriptirf of the identity of that which is legally essential to the charge or claim, can ever be rejected. Were it otherwise, and if proof could be admitted which varied from... | |
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It is a most general rule that no allegation which is descriptive of the identity of that which is legally essential to the claim or charge can ever be rejected. 
