 ... when any variance shall appear between the proof and the recital or setting forth on the record, writ, or document, on which the trial is proceeding, of any contract, custom, prescription, name, or other matter, in any particular or particulars in...  Reports of Cases Argued and Ruled at Nisi Prius: In the Courts of Queen's ... - Էջ 729Great Britain. Courts, Frederick Augustus Carrington, Andrew Valentine Kirwan - 1850Ամբողջությամբ դիտվող - Այս գրքի մասին
 | George Wingrove Cooke - 1844 - 562 էջ
...nature of a quo warranto, " or proceedings on a mandamus, when any variance " shall appear between the proof and the recital or " setting forth on the...custom, prescription, name, or other matter, in any cc particular or particulars, in the judgment of such " court or judge, not material to the merits... | |
 | Henry Roscoe - 1844 - 910 էջ
...postponement, as such court or judge shall think reasonable; — and in case such variance shall be in some particular or particulars in the judgment of such...court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in the conduct of his action,... | |
 | Massachusetts - 1844 - 416 էջ
...recital and setting forth on the record on which the trial is proceeding, in the judgment of the court, not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence upon the merits, may allow such... | |
 | John Frederick Archbold - 1844 - 522 էջ
...there any variance between the evidence, and any contract, custom, prescription, name or other matter not material to the merits of the case, and by which the opposite party could not be prejudiced in the conduct of his case ? — Move that it be amended. l29—132. WRIT OF... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1845 - 880 էջ
...nature of a quo warranto, or proceedceedings on a mandamus, when any variance shall appear between the proof and the recital, or setting forth, on the...case, and by which the opposite party cannot have been prejudiced in the conduct offals action, prosecution, or defence, — to be forthwith amended... | |
 | Delaware - 1845 - 860 էջ
...between it and any written, printed, or verbal evidence, in any particular in the judgment of the court not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action or defence, such amendment shall be forthwith made by... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1846 - 1124 էջ
...postponement, as such court or judge shall think reasonable ; and, in case such variance shall be in some particular or particulars in the judgment of such...court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in the conduct of his action,... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1854 - 1046 էջ
...such court or judge, in any civil action, &c., when any variance shall appear between the proof and recital or setting forth on the record, writ, or document on which the trial is proceeding, 1853. of any contract, custom, prescription, name, or other matter, in any particular or particulars... | |
 | Great Britain. Courts, R. G. Wilford - 1848 - 556 էջ
...when any variance shall appear between the proof and the recital, or setting forth on the record, &c., of any contract, custom, prescription, name, or other...case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence, to DC forthwith amended by some... | |
 | William Robert Cole - 1847 - 316 էջ
...postponement, as such court or judge shall think reasonable; in and case such variance shall be in some particular or particulars in the judgment of such...court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in the conduct of his action,... | |
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