 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 páginas
...proved to the satisfaction of the court, by affidavit, shewing in what respect he has been misled ; and thereupon, the court may order the pleading to be amended, upon such terms as shall be just. § 146. Where the variance is not material, as provided in the last section, the court... | |
 | New York (State). Legislature - 1848 - 672 páginas
...proved to the satisfaction of the court, by affidavit, shewing in what respect he has been misled ; and, thereupon, the court may order the pleading to be amended, upon such terms as shall be just. § 146. Where the variance is not material, as provided in immaterial the last section,... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 páginas
...be proved to the satisfaction of the courl and it must be shown in what respect he has been misled; and thereupon the court may order the pleading to be amended, upon such terms as may be just. Amended Code, § 169. § 667. Where the variance is not material, as provided in the last section,... | |
 | Tennessee. Supreme Court, West Hughes Humphreys - 1850 - 862 páginas
...that fact shall be proved to the satisfaction of the court, and in what respect he has been misled, the court may order the pleading to be amended upon such terms as may be just." New York Statutes, 1849, ch. 438, sec. 169. IRBY AND GARDNER vs. BRIGHAM AND JOHNSON. 1 . Assumpsit... | |
 | New York (State). - 1850 - 920 páginas
...satisfaction of the court and it must be shown in what respect he has been mis" led; and thereupon the eourt may order the pleading to be amended, upon such terms as may be just. Amended Code, § 169. § 667. Where the variance is not material, as provided in the last section,... | |
 | Kentucky - 1851 - 548 páginas
...shown to the satisfaction of the court, and it must also be shown in what respect he has been misled ; and, thereupon, the court may order the pleading to be amended, upon such terms as may be just. § 183. Where the, variance is not material as provided in the last section, the court may direct the... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 páginas
...that fact shall be proved to the satisfaction of the court, and in what respect he has been misled ; and thereupon the court may order the pleading to be amended, upon such terms as shall be just. This section is indentical with section 145 of the code of 1848, and under that eectiou... | |
 | 1851 - 520 páginas
...that fact shall be proved to the satisfaction of the court, and in what respect he has been misled; and thereupon the court may order the pleading to be amended, upon such terms as shall be just. " S. 170. Where the variance is not material, as provided in the last section, the court... | |
 | New York (State). - 1851 - 266 páginas
...that fact shall be proved to the satisfaction of the court, and in what respect he has been misled ; and thereupon the court may order the pleading to be amended, upon such terms as shall be just. ft 170. Where the variance is not material, as provided imm«ien«i VHriam-c*. in the... | |
 | Kentucky - 1851 - 544 páginas
...shown to the satisfaction of the court, and it must also be shown in what respect he has been misled ; and, thereupon, the court may order the pleading to be amended, upon such terms as maybe just. § 183. Where the variance is not material as provided in the last section, the court may... | |
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... actually misled the adverse party, to his prejudice, in maintaining his action or defense, upon the merits. Whenever it... 
