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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 Code of Civil Procedure of the State of New York, Enacted 1876, and ...

New York (State). - Civil procedure - 1877 - 640 pages
...Abb. NS 453. § 539. A variance, between an allegation in a pleading and the Material proof, is not material, unless it has actually misled the adverse...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...
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Albany Law Journal, Volume 16

Law - 1877
...might cause: "No variance between the allegation and the proof shall be deemed material, unless it have actually misled the adverse party to his prejudice In maintaining his action or defense upon the merits." At a glance it will be observed, that the pleadings iu the courts of equity, freed...
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Albany Law Journal, Volume 16

Law - 1877
...might cause: "No variance between the allegation and the proof shall be deemed material, unless it have actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits." At a glance it will be observed, that the pleadings in the courts of equity, freed...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 37

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 - 1912
...Laws 1907, sees. 3001-3003, providing that no variance between the allegations and the proof is to be deemed material unless it has actually misled the adverse party to his prejudice. (Page 597.) 12. CARRIERS — INJURIES TO PASSENGERS — QUESTION roR JURY. In an action against a carrier...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions

North Carolina, Albion W. Tourgée - Civil procedure - 1878 - 437 pages
...variance between the allegations in a pleading and the proof shall be deemed material, unless it have actually misled the adverse party, to his prejudice, in maintaining his action upon the merits. Whenever it shall be alleged that a party has been so misled, that fact shall be proved...
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The Code of Civil Procedure of the State of California: Adopted March 11 ...

California, Nathan Newmark - Civil procedure - 1880 - 763 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 in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the court may trier the pleadings...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1881
...the 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...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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The American and English Railroad Cases: A Collection of All Cases in the ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1881
...is true, provides that " lío variance between the allegation in the pleading and the proof shall be deemed material, unless it has actually misled the...his prejudice, in maintaining his action or defense upon the merits. When it shall be alleged that a party has been so misled, that fact shall be proved...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1471 pages
...variances ; how provided for. — A variance, between an allegation in a pleading and the proof, is not material, unless it has actually misled the adverse...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...
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The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

Nebraska, Guy Ashton Brown - Law - 1881 - 806 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, in 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...
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