 | 1911 - 1168 páginas
...submitted at the trial. Section 4225, Rev. Codes, provides that "no variance between the allegation in a pleading and the proof Is to be deemed material,...actually misled the adverse party to his prejudice Lu maintaining his action or defense upon the merits. Whenever it appears that the party has so been... | |
 | 1914 - 1246 páginas
...failure of proof. Section 99, LOL No variance between the allegations of the pleadings and the proof is deemed material, unless It has actually misled the...his prejudice In maintaining his action or defense on the merits. Section 97, LOL We feel sure that the variance between the complaint and the proof as... | |
 | Iowa, Emlin McClain - 1884 - 940 páginas
...term, the court shall direct the time in which an answer shall be tiled thereto. AMENDMENTS. SEC. 2686. No variance between the allegations in a pleading and the proof is to be deemed material, unless it lias actually mis- Rl '-•>'-•_. lead the adverse party to his prejudice in maintaining his action... | |
 | Utah - 1884 - 666 páginas
...Mintake* in Pleadings, and Amendment*. and the proof is to be deemed material, unless it mareriaT'*' "" has actually misled the adverse party to his prejudice...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,... | |
 | North Carolina. Supreme Court - 1884 - 738 páginas
...and comprehensive terms that, " No variance between the allegation in a pleading and the proof shall be deemed material unless it has actually misled the...party, to his prejudice in maintaining his action upon the merits." If it is alleged that a party has been misled, that fact must be proved to the satisfaction... | |
 | 1914 - 1244 páginas
...the trial court, was justified under Code Civ. Proc. §§ 469, 470, declaring that no variance shall be deemed material unless it has actually misled the...adverse party to his prejudice in maintaining his defense upon the merits, and providing that where the variance is not material, the court may order... | |
 | 1912 - 1164 páginas
...plaintiff was violently thrown therefrom to the ground. This is the gravamen of the charge. No variance is to be deemed material unless it has actually misled the adverse party to his prejudice. The defendants could not have been surprised or misled by the testimony offered in support of the amended... | |
 | 1896 - 1212 páginas
...the court. Section 4225, Rev. St., provides that no variance between the allegations and proofs shall be deemed material, unless it has actually misled the adverse party, to his prejudice. In that case ,it is the duty of the adverse party to show such fact to the court. When the variance is... | |
 | 1885 - 956 páginas
...that he was not thus surprised er misled. Section 110 of the Code of Civil Procedure provides that "no variance between the allegations in a pleading...maintaining his action or defense upon the merits. When it appears that a party has been so misled, the court may order the pleadings amended upon such... | |
 | Charles Theodore Boone - 1885 - 598 páginas
...When material. — Under the Codes, no variance between the allegation in a pleading and the proof iIi to be deemed material, unless it has actually misled...prejudice in maintaining his action or defense upon the merits.1 To be material, the variance must be such as to mislead or surprise the adverse party.2 And... | |
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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. 
