 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
 | Austin Wakeman Scott, Sidney Post Simpson - Civil procedure - 1946 - 998 pages
...proof. A variance between an allegation in a pleading and the proof is not material, unless it lias actually misled the adverse party, to his prejudice, in maintaining his action or defense upon the merits. Where the variance is not material, the court may direct the fact to be found according... | |
 | Law - 1952 - 996 pages
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