 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 страници
...has been so misled, that fact shall be proved to the satisfaction of the court, by affidavit, shewing in what respect he has been misled ; and thereupon,...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 страници
...has been so misled, that fact shall be proved to the satisfaction of the court, by affidavit, shewing in what respect he has been misled ; and, thereupon,...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 страници
...party has been so misled that fact must be proved to the satisfaction of the courl and it must be shown in what respect he has been misled; and thereupon...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... | |
 | Tennessee. Supreme Court, West Hughes Humphreys - 1850 - 862 страници
...action or defence upon the merits. Whenever it shall be alleged that a party has been so misled, and 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,... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 страници
...of a pleading sworn to. Verplank v. Mercantile las. Co., 1 Edwards, Ch. R., 46. a party has been so misled, that fact shall be proved to the satisfaction...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 страници
...maintaining his action or defence, upon the merits. Whenever it shall be alleged that a party has been so misled, that fact shall be proved to the satisfaction...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 страници
...maintaining his action or defence, upon the merits. Whenever it shall be alleged, that a party has been so misled, that fact shall be proved to the satisfaction...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... | |
 | New York (State), Henry Strong McCall - 1851 - 244 страници
...his action or defence, upon the merits. When- IM»ever it shall be alleged, that a party has been so misled, that fact shall be proved to the satisfaction...order the pleading to be amended, Upon such terms as shall be just. §170. [Sec. 14(5.] Where the variance is not material, as imm«<mai provided in the... | |
 | Kentucky - 1851 - 548 страници
...been so misled, that fact must be shown to the satisfaction of the court, and it must also be shown in what respect he has been misled ; and, thereupon,...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... | |
 | Kentucky - 1851 - 544 страници
...been so misled, that fact must be shown to the satisfaction of the court, and it must also be shown in what respect he has been misled ; and, thereupon,...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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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 "Sec. 
