 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.  Cases Determined in the Supreme Court of Washington - Stranica 56napisao/la Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1906Potpun prikaz - O ovoj knjizi
 | Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - Broj stranica: 570
...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 defence upon the merits. In case of a failure of proof, and a verdict of the jury, or finding of the... | |
 | 1848 - Broj stranica: 718
...been passed by in silence, but the code has, on these subjects, prescribed wise and plain rules. 'No variance 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... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - Broj stranica: 904
...means of amendment of the most liberal character; as liberal, indeed, -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... | |
 | New York (State). - 1850 - Broj stranica: 920
...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 defence, uj on the merits. Whenever it is alleged, that a party has been so misled, that fact must... | |
 | Tennessee. Supreme Court, West Hughes Humphreys - 1850 - Broj stranica: 862
...the action. Let the judgment be reversed, and the cause remanded. NOTE.— "No 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.... | |
 | Kentucky - 1851 - Broj stranica: 544
...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,...maintaining his action or defense upon the merits. Whenever it is alledged that a party has been so misled, that fact must be shown to the satisfaction... | |
 | Kentucky - 1851 - Broj stranica: 548
...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,...maintaining his action or defense upon the merits. Whenever it is alledged that a party has been so misled, that fact must be shown to the satisfaction... | |
 | New York (State), Member of the New-York Bar - 1851 - Broj stranica: 410
...Supplemental complaint, answer and reply. $ 169. [145.] Material variances, how provided for. — 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 his action or defence, upon... | |
 | California. Supreme Court - 1851 - Broj stranica: 672
...variance between the complaint and proof fatal ? The 64th sec. of 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 the adverse party to his prejudice in maintaining his defense on the merits, and... | |
 | 1851 - Broj stranica: 520
...the action, and not require different places of trial, and must be separately stated. " S. 169. 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 his action or defence, upon... | |
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