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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. "
Journal of the House of Representatives of the General Assembly of the State ... - Página 231
por Illinois. General Assembly. House of Representatives - 1874
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volumen1

Kentucky - 1851
...originals. CHAPTER 8. Mistakes in pleading, and amendments. § 182. No variance between the allegation in a pleading and the proof, is to be deemed material,...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...
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Acts Passed at the ... Session of the General Assembly for the ..., Volumen1

Kentucky - 1851
...originals. CHAPTER 8. Mistakes in pleading, and amendments. § 182. No variance between the allegation in a pleading and the proof, is to be deemed material,...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volumen3

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
...Marshall, for the plaintiffs. AA Hammond and H. O'Neal, for the defendants. (1) TheR. S. 1852 enact that no variance between the allegations in a pleading...the proof is to be deemed material, unless it has actuallV misled the adverse party to his prejudice in maintaining his action or defense upon the merits....
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

New York (State). Supreme Court, Oliver Lorenzo Barbour - 1857
...variance between the allegations 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." Immaterial variances are to be disregarded on the trial, or the court may then amend, or whenever the...
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Practice Reports in the Supreme Court and Court of Appeals, Volumen13

Nathan Howard, New York (State). Supreme Court - 1857
...reason that now the court are required to disregard every variance between the proof and pleadings, unless it has actually misled the adverse party to his prejudice in maintaining his action or defence upon the merits. (Code, § 169.) The party alleging that he has been misled, must prove it...
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Practice Reports in the Supreme Court and Court of Appeals, Volumen18

Nathan Howard, New York (State). Supreme Court - 1860
...here. Section 169 declares that no variance between the allegation in a pleading and the proof shall be deemed material, unless it has actually misled...party to his prejudice, in maintaining his action or defence upon the merits, and governs referees as well as courts whenever questions of variance arise....
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Practice Reports in the Supreme Court and Court of Appeals, Volumen10

Nathan Howard, New York (State). Supreme Court - 1860
...These sections provide that no variance between the allegations of a pleading, and the proof, shall be material, unless it has actually misled the adverse...party to his prejudice in maintaining his action or defence upon Egert agt. Wicker. the merits, which fact shall be proved to the satisfaction of tne court,...
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Statutes at Large of the State of New York: Comprising the Revised Statutes ...

New York (State) - 1863
...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...
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The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - 1002 páginas
...variance between the allegation in a pleading am! 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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volumen27

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 - 1868
...is provided by section 94 of the code, (2 G. & H. 114,) that "no variance between Pattison v. Jones. the allegations in a pleading and the proof is to be deemed material, unless it have actually misled the adverse party to liis prejudice, in maintaining his action or defense upon...
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