 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.  The Pacific Reporter - Page 2321914Full view - About this book
 | Civil procedure - 1954 - 1378 pages
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 | Law - 1965 - 710 pages
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 | Law - 1904 - 428 pages
...variance between the allegation in a pleading and the proof shall be deemed material, unless it shall have actually misled the adverse party to his prejudice in maintaining his action for defense upon the merits." Section 4949, 2 Ballinger's Ann. Codes & St. There is no claim, and none... | |
 | Law - 1904 - 428 pages
...variance between the allegation in a pleading and the proof shall be deemed material, unless it shall have actually misled the adverse party to his prejudice in maintaining his action for defense upon the merits." Section 4949, 2 Ballinger's Ann. Codes & St. There is no claim, and none... | |
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