 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1913 - 996 pages
...that she thinks she was present at the time. Section 131 of our Civil Code provides: "If, however, the allegation of the claim or defense, to which the proof is directed, be unproved, not in some particular or particulars only, but in its general scope and meaning, it is... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...147, to read as follows: § 147. Where, however, the allegation of the cause . of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections,... | |
 | New York (State). Legislature - Law - 1848 - 672 pages
...when allowed. rights. Supple. reply. 147. Where, however, the allegation of the cause of acor defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections,... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...without costs. Amended Code, § 170. § 669. Where, however, the allegation of the claim or defence to which the proof is directed is unproved, not in...meaning, it is not to be deemed a case of variance, within the last two section?, but a failure of proof. Amended Code, § 171. § 669. Any pleading may... | |
 | Kentucky - Law - 1851 - 548 pages
...according to the evidence, and may order an immediate amendment without costs. § 184. Where, however, the allegation of the claim or defense to which the...meaning, it is not to be deemed a case of variance within the last two sections, but a failure of proof. Variance In pleading not material, unless the... | |
 | Kentucky - Session laws - 1851 - 544 pages
...according to the evidence, and may order an immediate amendment without costs. § 184. Where, however, the allegation of the claim or defense to which the...particular or particulars only, but in its general scope nnd meaning, it is not to be deemed a case of variance within the last two sections, but a failure... | |
 | Law - 1851 - 520 pages
...amendment, without costs. " S. 171. Where, however, the allegation of the cause of action or defence, to which the proof is directed, is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance within the last two sections, but... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...What to be deemed a variance. — Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and moaning, it shall not be deemed a case of variance, within the last two sections,... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...fiat to be deemed a variance. — Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections,... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...amendment, without costs. § 171. Where, however, the allegation of the cause of action or defence, to which the proof is directed, is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance within the last two sections, but... | |
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Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the last two sections,... 
