 ... 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
 | Thomas Tapping - 1848 - 562 էջ
...the nature of a quo warranta, or proceedings on a mandamus, when any variance shall appear between the proof and the recital, or setting forth on the...in any particular or particulars in the judgment of any such Court or Judge, not material to the merits of the case, and by which the opposite party cannot... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1848 - 1084 էջ
...4. c. 42. s, 23. authorizes the judge to allow an amendment " when any variance shall appear between the proof and the recital or setting forth on the...any contract, custom, prescription, name, or other (a) See the case of Prudkomme v. Prater, 1 Mood. Si Rob. 435., where Lord Denman ruled that superfluous... | |
 | Alfred Septimus Dowling, Great Britain. Bail Court, John James Lowndes - 1848 - 954 էջ
...23. Under that statute the Judge is only empowered to amend in case of a variance in any particular " not material to the merits of the case, and by which the opposite party cannot have been prejudiced," &c. But the effect of the proposed amendment would be to substitute an entirely different... | |
 | John Pitt Taylor - 1848 - 764 էջ
...mandamus — when any variance shall appear between the proof and the recital on the record, fyc., of any contract, custom, prescription, name, or other matter, in any particular, in the judgment of such court or judge not material to the merits of the case, and by which the opposite... | |
 | 1852 - 836 էջ
...a quo warranto, or proceedings on a mandamus, when any variance shall appear between the proof and recital or setting forth on the record, writ, or document...court or judge, not material to the merits of the ease, and by which the opposite party canm t have been prejudiced in the conduct of his action, prosecution,... | |
 | Great Britain. Court of Common Pleas - 1850 - 594 էջ
...42, s. 23, the judge at the trial has power to amend any matter of variance that in his judgment is " not material to the merits of the case, and by which the opposite party cannot have been prejudiced iu the conduct of his action, prosecution, or defence." In Goldshcde \. Swan, 1 Exch.... | |
 | John Simcoe Saunders - 1851 - 662 էջ
...of a quo warranta or proceedings on a mandamus, when any variance shall appear between the proof and recital, or setting forth on the record, writ, or...case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence, to be forthwith amended by some... | |
 | Edmund Hatch Bennett, Chauncey Smith - 1851 - 680 էջ
...record, when any variance shall appear between the proof and the recital or setting forth on the record, of any contract, custom, prescription, name, or other...particular or particulars in the judgment of such judge not material to the merits of the case, and by which the opposite party cannot have been prejudiced... | |
 | Thomas Campbell Foster - 1851 - 448 էջ
...or in " any contract, custom, prescription, name, or other matter" not in writing or print, where " not material to the merits of the case," and by which the opposite party cannot be prejudiced in the conduct of his action or defence, may be amended. And, by the statutes 16 & 17... | |
 | Robert Richard Pearce - 1851 - 120 էջ
...improving the Administration of Criminal Justice. SECT. PiOK 1. The Court may amend certain variances not material to the merits of the case, and by which the defendant cannot be prejudiced in his defence, and may either proceed with or postpone the trial to... | |
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