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" ... not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence... "
Reports of Cases Argued and Determined in the Courts of Exchequer ... - Page 105
by Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - 1835
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Acts Relating to the Law of Real Property: Passed in the Last Session of ...

Solomon Atkinson - Real property - 1833 - 160 pages
...particular or particulars in the judgment of such court or judge not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence, to be forthwith amended by some officer of the court or otherwise, both in...
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Practice of the Superior Courts of Law, in Personal Actions, and Ejectment ...

William Tidd - Civil procedure - 1833 - 440 pages
...particulars in the judgment of " such court or judge not material to the merits of the case, and " by which the opposite party cannot have been prejudiced in the " conduct of his action, prosecution, or defence, to be forthwith " amended by some officer of the court or otherwise, both...
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The Practice of the Law in All Its Departments: With a View of ..., Volume 3

Joseph Chitty - Civil procedure - 1835 - 1032 pages
...in any particular, in the judgment of the Court or judge Hot material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence; (a) but it is discretionary to permit an amendment, and if refused, there...
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Reports of Argued and Determined in the Courts of Exchequer and ..., Volume 2

Great Britain. Court of Exchequer - Law reports, digests, etc - 1836 - 816 pages
...the most general term used) " a matter not material to the merits of the case," and Exch. of Pleas, by which the opposite party cannot have been prejudiced...up a new case. Then how can this variance be said to be " immaterial to the merits of the case" within the 24th section of the statute, which authorizes...
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A Collection of Statutes Connected with the General ..., Volume 9; Volume 1225

Great Britain - Law - 1836 - 756 pages
...No. I. 3 & 4 W. 4, с. 42. Power for the court or judge to direct the facts to be found specially, which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence, (1) to be forthwith amended by some officer of the court or otherwise, both...
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer - Court rules - 1837 - 1338 pages
...authorized by 3 & 4 W. 4. c. 42. s. 23. is in " a matter not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action." Now the amendment proposed would change a plea that there was no consideration, into a plea that there...
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - Civil procedure - 1837 - 720 pages
...particulars in the judg" ment of such court or judge not material to the merits of the case, " and by which the opposite party cannot have been prejudiced in the " conduct of his action, prosecution, or defence, to be forthwith " amended by some officer of the court or otherwise, both...
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An Abridgment of the Law of Nisi Prius, Volume 2

Patrick Brady Leigh - Nisi prius - 1838 - 928 pages
...particular or particulars in the judgment of tuch court or judge not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence, to be forthwith amended by some officer of the court or otherwise, both in...
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A Digest Or [!] the Law Relative to Pleading and Evidence in Civil Actions

John Frederick Archbold - Civil procedure - 1838 - 682 pages
...particular or particulars in the judgment of such court or judge not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution or defence, to be forthwith amended by some officer of the court or otherwise, both in...
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The Rise and Progress of the English Constitution: The Treatise of ..., Volume 2

Jean Louis de Lolme, Archibald John Stephens - Constitutional history - 1838 - 674 pages
...particular or particulars in the judgment of such court or judge not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence, to be forthwith amended by some officer of the court or otherwise, both in...
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