 | Arkansas. Supreme Court - 1911 - 680 páginas
...amending. By section 6140 of Kirby's Digest it is provided that "no variance between the allegation in the pleading and the proof is to be deemed material unless...maintaining his action or defense upon the merits." By section 6145 of Kirby's Digest it is provided that the court may at any time in furtherance of justice... | |
 | 1888 - 878 páginas
...section 156 of the code, " no variance between the allegation in a pleading and the proof is to he deemed material unless it has actually misled the...maintaining his action or defense upon the merits," yet it is provided by the section 158 of the code that where "the allegation of the claim or defense... | |
 | 1888 - 864 páginas
...chapter 168, it is declared that no variance between the allegation in the pleading and the proof shall be deemed material, unless it has actually misled...prejudice in maintaining his action or defense upon its merits. Now, the averment in the petition is, that the defendants, together with Tunks, Stubblefield,... | |
 | Indiana - 1888 - 1024 páginas
...summoned, who has not appeared in the action. (395.) 391. Variance immaterial, unless party misled. 130. ilitia. 318. Sedentary and active. 219. Exemption. 214. Organization, _unless it have actually misled the adverse party, to his prejudice, in maintaining his action or defense... | |
 | 1890 - 1280 páginas
...Oct. 17, 1889.) PLEADING— VARIANCE — NEGLIGENCE. 1. Under Code Iowa 1886, § 2686, providing that "no variance between the allegations in a pleading...his prejudice in maintaining his action or defense on the merits, " a petition alleging that plaintiff was injured by a horse driven south on Chatham... | |
 | 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 - 1891 - 676 páginas
...error for which a cause will be reversed. Crawford v. Anderson, 117 2. Variance. — When Material. — No variance between the allegations in a pleading...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 he... | |
 | Frank Sumner Rice - 1892 - 832 páginas
...Owen v. Phillips, 73 Ind. 284. And see Long v. Doxey, 50 Ind. 385. Xo variance between the allegation in a pleading and the proof is to be deemed material,...adverse party to his prejudice in maintaining his aetion or defense upon the merits. Whenever it appears that a party has been so misled, the court may... | |
 | 1892 - 1254 páginas
...by the institution of this action. "No variance between the allegations in pleading and the proof le to be deemed material unless it has actually misled...prejudice in maintaining his action or defense upon the тегЦч. • • • Where the variance ia not material, ая provided In the lafit section, the... | |
 | 1892 - 1178 páginas
...Procedure, which provides that "no variance between the allegation in the pleading and the proof is tobe deemed material unless it has actually misled the...maintaining his action or defense upon the merits." The case was fully tried on its merits, and we do not see how appellants were misled, or in -what different... | |
 | 1892 - 1092 páginas
...Civil Proc. § 53!!, provides: "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. " the mistake of the plaintiff, and execution with knowledge of the error by the defendant; that it... | |
| |
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. 
