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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. "
The Pacific Reporter - Page 234
1914
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - Law - 1876 - 1861 pages
...Variance, when material. SEC. 469. No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the...his prejudice in maintaining his action or defense upon the merits. Whenever it appeai-s that a party has been so misled, the court may order the pleading...
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The Code of Civil Procedure of the State of California: As Adopted in 1872 ...

California - Civil procedure - 1876 - 867 pages
...party or his attorney. $ 469. No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the...his prejudice in maintaining his action or defense upon the merits. Whenever it "appears74 that a party has been so misled, t the court may order the...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 38

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1876
...granting a nonsuit for a variance between the pleading and proof, " unless it shall actually mislead the adverse party to his prejudice in maintaining his action or defense upon the merits." BS, ch. 125, sec. 83. There was no pretense in this case that respondent had been...
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Chitty's Treatise on Pleading and Parties to Actions: With a Second Volume ...

Joseph Chitty, Henry Greening - Forms (Law) - 1876
...between the allegation in a pleading and the proof shall be deemed material, unless it have actunllv misled the adverse party, to his prejudice, in maintaining his action or defence, upon the merits. (Sec. 170.) Where the variance is not material, the court may direct the...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 5

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1890
...this territory provides that "no variance between the allegations in a pleading and the proof is to be deemed material, unless it has actually misled the...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 pleading...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 14

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1897
...Utah 1888, provides that " no variance between the allegations in a pleading and the proof is to be deemed material, unless it has actually misled the...his prejudice in maintaining his action or defense upon the merits." Section 3253, Id., provides that, " where the variance is not material as provided...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 21

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1901
...Sec. 3001, Rev. Stat., 1898, "No variance between the allegations in a pleading and the proof is to be deemed material, unless it has actually misled the...his prejudice in maintaining his action or defense upon the merits." Ifolinan v. Pleasant Grave, 8 Utah, 82; Cnlmer v. Clift, 14 Utah, 289; Ashton v....
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - Law - 1877
...terms. CHAPTER VIII. SEC. 110. No variance between the allegation in a pleading and the proof's is to be deemed material, unless it has actually misled the...his prejudice in maintaining his action or defense upon the merits. Where it appears that a party has been so misled, the court may order the pleading...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 36

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1911
...1907, section 3001, providing that no variance between allegations in a pleading and the proof will be deemed material unless it has actually misled the...his prejudice in maintaining his action or defense upon the merits.i (Page 493.) 3. MASTER AND SERVANT — SAFE PLACE TO WORK — DUTY OF MASTER. It is...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - Session laws - 1877
...terms. CHAPTER VIII. SEC. 110. No variance between the allegation in a pleading and the proofs is to be deemed material, unless it has actually misled the...his prejudice in maintaining his action or defense upon the merits. Where it appears that a party has been so misled, the court may order the pleading...
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