 ... 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
 | 1856 - 532 էջ
...in the nature of a quo warranta or proceeding on a mandamus, when any variance shall appear between the proof and the recital or setting forth, on the record, writ, or document, ou which the trial is proceeding of any contract, custom, prescription, name, or other.matter, in any... | |
 | John Pitt Taylor - 1858 - 898 էջ
...the 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...other matter, in any particular or particulars, in the judgnwtt of such Court or judge, iwt material to the mtrits of the case, and by u-hi-li the opposite... | |
 | Edmund Powell - 1859 - 540 էջ
...record and the proof, whether written or oral, of civil issues or on quo warranto or mandamus, or in any contract, custom, prescription, name, or other...in any particular or particulars in the judgment of the court, not material to the merits of the case. Many cases have been decided on both these statutes... | |
 | Prince Edward Island - 1862 - 892 էջ
...between the proof and the recital or setting forth on the record, writ, or document , on which the said trial is proceeding, of any contract, custom, prescription,...particular or particulars, in the judgment of such Court, not material to the merits of the case, and by which the opposite party cannot have been prejudiced... | |
 | Turks and Caicos Islands, Alfred John Duncombe - 1862 - 650 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...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,... | |
 | Turks and Caicos Islands, Alfred John Duncombe - 1862 - 640 էջ
...postponement, as such Court or J udge shall think reasonable ; and in case such variance shall be in some particular or particulars in the judgment of such...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,... | |
 | Prince Edward Island - 1862 - 892 էջ
...proceedings in a mandamus, when any variance shall, after the passing of this Act, be made to appear between the proof and the recital or setting forth on the record, writ, or document on which the said trial is proceeding, of any contract, custom, prescription, name, or other matter in any particular... | |
 | Joseph Goodeve - 1862 - 776 էջ
...authorized an amendment in every case of variation between the proof and the recital on the record of any contract custom, prescription, name, or other matter, in any particular not material to the merits, and by which the opposite parly could not have been prejudiced in the conduct... | |
 | Bahamas, Sir George Campbell Anderson - 1868 - 380 էջ
...otherwise, as if no suck variance or variances had appeared. PREAMBLE. 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,... | |
 | James Fitzjames Stephen - 1863 - 540 էջ
...prevent such objections from being taken. The act, further, gives power to the court to amend variances not material to the merits of the case, and by which the defendant cannot be prejudiced in his defence ; such as mis-statements as to the ownership of stolen... | |
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