 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 pages
...allegation Material in a pleading and the proof is to be deemed material, how pro-' unless it have actually misled the adverse party to his prejudice,...maintaining his action or defense upon the merits. Whenever it is alleged that a party has been so misled, that fact must be proved to the satisfaction... | |
 | North Carolina. Supreme Court - 1872 - 568 pages
...variance between the allegation in a pleading and the prool shall be deemed material, unless it have actually misled the adverse party to his prejudice,...maintaining his action (or defense) upon the merits. Whenever it shall be alleged that a party has been so misled, that fact shall be proved to the satisfaction... | |
 | California - 1872 - 774 pages
...variance between the allegation in a pleading and the proc* is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defence upon the merits. Whenever it is alleged that a party has been so misled, that fact must be... | |
 | Colorado Territory - 1872 - 260 pages
...variance between the allegations in O 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 defence upon the merits. Whenever it is alleged that a party has been so misled, that fact must be... | |
 | William Wait - 1873 - 950 pages
...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...maintaining his action or defense upon the merits, and the subsequent provisions in relation to amendments in such cases. But the general rules in relation... | |
 | South Carolina - 1873 - 1164 pages
...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,...maintaining his action or defense, upon the merits. Whenever it shall be alleged that a party has been so misled, that fact shall be proved to the satisfaction... | |
 | New York (State), John Townshend - 1873 - 960 pages
...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,...maintaining his action or defense, upon the merits. Whenever it shall be alleged that a party has been so misled, that fact shall be proved to the satisfaction... | |
 | Illinois. General Assembly. House of Representatives - 1874 - 716 pages
...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...maintaining his action or defense upon the merits. § 28. If any original paper or pleading be lost, or withheld by any person, the court may order a... | |
 | California - 1874 - 524 pages
...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...maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the Court may order the pleading to be amended,... | |
 | William Wait - 1874 - 910 pages
...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...maintaining his action or defense upon the merits. Code, § 169. And where a party has been misled to his prejudice by a variance between the pleadings... | |
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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. 
