 | New York (State), Charles David Rust - 1885 - 814 páginas
...the court deems just. § 539. A variance, between an allegation in a pleading and the proof, is not material, unless it has actually misled the adverse...party, to his prejudice, in maintaining his action or defence, upon the merits. If a party insists that he has been misled, that fact, and the particulars... | |
 | 1893 - 1176 páginas
...ground for reversal under Rev. St. 1881, § 391, which declares that "no variance between pleading and proof is to be deemed material unless it has actually misled the adverse party to his prejudice." 2. An executed parol agreement for the construction of a ditch across ono man's land, to drain the... | |
 | Iowa. Supreme Court - 1886 - 872 páginas
...which the assault and battery was committed. The circuit court therefore rightfully disregarded it. " No variance between the allegations in a pleading...his prejudice in maintaining his action or defense on its merits." Code, § 2080. And (2) the allegation that the assault and battery was committed maliciously,... | |
 | California - 1886 - 758 páginas
...PLEADINGS AND AMENDMENTS. 469. Variance, when material. SEC. 469. 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 appears that a party has been so misled, the court may order the pleading to be amended,... | |
 | United States. Supreme Court - 1886 - 1238 páginas
...section 539 it is provided that "a variance between an allegation in a pleading and the proof is not material, unless it has actually misled the adverse...maintaining his action or defense upon the merits. If a party insists that he has been misled, the fact, and the particulars in which he has been misled,... | |
 | 1897 - 1218 páginas
...established an antiilexion. Mansf. Dig. Ark. § 507Г>, provides: "Novariance between the allegation In a pleading and the proof is to be deemed material,...maintaining his action or defense upon the merits. Whenever it i* alleged that a party has been so misled, that fnct must be shown to the satisfaction... | |
 | Ohio, William Henry Whittaker - 1887 - 688 páginas
...deemed material. Amendment. TSo variance between the allegation in a pleading, and the proof, shall be deemed material, unless it has actually misled...maintaining his action or defense upon the merits (1), and when it is alleged that a party has been so misled, that fact must be proved to the satisfaction... | |
 | 1887 - 814 páginas
...the court deems just. § 539. A variance, between an allegation in a pleading and the proof, is not material, unless it has actually misled the adverse...party, to his prejudice, in maintaining his action or defence, upon the merits. If a party insists that he has been misled, that fact, and the particulars... | |
 | 1904 - 1076 páginas
...allegation in a pleading and the proof shall not be deemed material, unless it shall actually mislead the adverse party, to his prejudice, in maintaining his action or defense upon the merits; and where it shall not be shown to the satisfaction of the court that the party has been so misled,... | |
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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. 
