 | William Tidd - 1833 - 440 страници
...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 con" duct of his action,... | |
 | 1833 - 548 страници
...following oases : Variance between the proof and the recital, on the record of any contract, custom, &c., not material to the merits of the case, and by which the other party cannot be prejudiced. Where not material to the merits, but where the other party may be... | |
 | England, Great Britain - 1834 - 254 страници
...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 King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1835 - 1060 страници
...on a mandamus, 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...such Court or Judge not material to the merits of the can; and by which the o]iposiic party cannot have bem prejudiced in the conduct of his action, prosecution,... | |
 | Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1835 - 1030 страници
...between the proof and the recital or setting forth on the record, writ, or document on which the trial i> proceeding, of any contract, custom, prescription,...the merits of the case, and by which the opposite }>arty cannnt have been prejudiced in the conduct of his action, prosecution, or defence, to be forthwith... | |
 | Joseph Chitty - 1835 - 1032 страници
...as well In verbal as written evidence, in any particular, in the judgment of the Court or judge Hot material to the merits of the case, and by which the...the conduct of his action, prosecution, or defence; (a) but it is discretionary to permit an amendment, and if refused, there is no appeal; though when... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - 1835 - 814 страници
...amend only in cases where the variance between the proof and the contract set forth in the record is " not material to the merits of the case, and by which...the opposite party cannot have been prejudiced in his defence." This, it is submitted, is a substantial variance, and one which would prejudice the defendant... | |
 | Great Britain - 1836 - 756 страници
...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,... | |
 | Thomas Charles Morton - 1836 - 526 страници
...the record, &c., of any contract, custom, pre" scription, name, or other matter, in any particu" lar or particulars in the judgment of such " Court or Judge not material to the merits of the " case, ... to be forthwith amended." It is further provided, that the party, who is dissatisfied with the... | |
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... 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... 
