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Books Books 1 - 10 of 175 on Where the variance is not material, as provided in the last section, the court may....  
" Where the variance is not material, as provided in the last section, the court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs. "
Laws of the State of New York - Page 159
by New York (State) - 1920
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - Law - 1848
...when allowed. rights. Supple. reply. 147. Where, however, the allegation of the cause of acor defence to which the proof is directed is unproved, not in...particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections, but a failure of proof. § 148....
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Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848
...147, to read as follows: § 147. Where, however, the allegation of the cause . of action or defence to which the proof is directed is unproved, not in...particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections, but a failure of proof. Page...
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The Code of civil procedure of the state of New-York, Volume 1

New York (State). Commissioners on Practice and Pleadings, Arphaxed Loomis, David Graham, David Dudley Field - Civil procedure - 1850 - 791 pages
...without costs. Amended Code, § 170. § 669. Where, however, the allegation of the claim or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the last two section?,...
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The Law Magazine, Or, Quarterly Review of Jurisprudence

Law - 1851
...amendment, without costs. " S. 171. Where, however, the allegation of the cause of action or defence, to which the proof is directed, is unproved, not in...particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance within the last two sections, but a failure of proof. " S. 172....
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The Code of procedure, as amended July 10, 1851: with copious notes to each ...

New York (State), Member of the New York Bar - Civil procedure - 1851 - 394 pages
...What to be deemed a variance. — Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in...particular or particulars only, but in its entire scope and moaning, it shall not be deemed a case of variance, within the last two sections, but a failure of...
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Acts Passed at the ... Session of the General Assembly for the ..., Volume 1

Kentucky - Session laws - 1851
...an immediate amendment without costs. § 184. Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope nnd meaning, it is not to be deemed a case of variance within the last two sections,...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851
...an immediate amendment without costs. § 184. Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance within the last two sections,...
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Practice and pleading under the codes, original and amended: with appendix ...

Henry Whittaker - Civil procedure - 1852 - 869 pages
...amendment, without costs. § 171. Where, however, the allegation of the cause of action or defence, to which the proof is directed, is unproved, not in...particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance within the last two sections, but a failure of proof. § 176....
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The code of procedure of the State of New York: as amended April 16, 1852 ...

New York (State)., New York (State) - Civil procedure - 1852 - 590 pages
...fiat to be deemed a variance. — Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in...particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections, but a failure of proof. "Where...
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The statutes of Oregon: Enacted, and continued in force, by the Legislative ...

Oregon - History - 1855 - 653 pages
...without costs. Łnc,u™- SEC. 69. When, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in...particulars only> but in its entire scope and meaning, it shall not be deemed a case of variance within the two last sections, but a failure of proof. m of ^KC'...
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