 | California, Nathan Newmark - 1880 - 768 pages
...variance between the allegation in a pleading and the proof is to be deemed material, unless it lias 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 trier the pleadings to be amended,... | |
 | California, Nathan Newmark - 1880 - 786 pages
...allegation in a pleading and the proof is to be deemed material, unless it has actually misled tlie adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the court may order the pleadings to be amended,... | |
 | California - 1880 - 864 pages
...allegation in a pleading and the proof is to be deemed material, unless it has actually misled tbe adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the court muy order the pleadings to be amended,... | |
 | New York (State) - 1881 - 1532 pages
...section. p 639. Material variances ; how provided for. — A variance, between an allegation in a pleading and the proof, is not material, unless it has actually...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... | |
 | Idaho (Ter.) - 1881 - 588 pages
...allegation in a upon the adverse party or his attorney. """' ''pleading and the proof is to be deemed material, unless it has actually misled the adverse...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,... | |
 | Nebraska, Guy Ashton Brown - 1881 - 842 pages
...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,...maintaining his action or defense upon the merits. Whenever it is alleged that a party has been so misled, that fact must be proved to the satisfaction... | |
 | Iowa. Supreme Court - 1882 - 818 pages
...follows: "Sec. 2686. No variance between the allegations in a pleading and the proof is to be deemed material unless it has actually misled the adverse...maintaining his action or defense upon the merits. Whenever it is alleged that a party has been so misled, that fact must be 'shown by proof to the satisfaction... | |
 | 1882 - 692 pages
...code provides, that no variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse...his prejudice, in maintaining his action or defense on the merits. Whenever it is alleged that à party has been so misled, that fact must be proved to... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1882 - 706 pages
...1034, Wag. Stat, 1872. No variance between the allegation in the pleading and the proof shall be deemed material unless it has actually misled the adverse...party to his prejudice in maintaining his action or defence upon the merits. Sec. 1, Art. supra ; Fisher v. Max, 49 Mo. 404 ; Turner v. Railroad, 51 Mo.... | |
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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. 
