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Books Books 1 - 10 of 141 on Where, however, the allegation of the cause of action or defence to which the proof....  
" Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be. deemed a case of variance. within the last two... "
Reports of Cases Decided in the Supreme Court of the State of Utah - Page 598
by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1912
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Reports of Civil and Criminal Cases Decided by the ..., Volume 5; Volume 153

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell, Thomas Bell Monroe, John James Marshall, James Greene Dana, James P. Metcalfe, Benjamin Monroe, William Pope Duvall Bush, Alvin Duvall, John Rodman, Charles Cyrus Turner, Edward Warren Hines, Thomas Lewis Edelen, Thomas Robert McBeath, Robert G. Higdon, T. M. Jones, Amos Hall Eblen - Law reports, digests, etc - 1913
...her, but that she thinks she was present at the time. Section 131 of our Civil Code provides: "If, however, the allegation of the claim or defense, to which the proof is directed, be unproved, not in some particular or particulars only, but in its general scope and meaning, it is...
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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 some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections,...
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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 some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections,...
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Acts Passed at the ... Session of the General Assembly for the ..., Volume 1

Kentucky - Session laws - 1851
...to be found according to the evidence, and may order an immediate amendment without costs. § 184. Where, however, the allegation of the claim or defense...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, but a failure...
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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 some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance within the last two sections, but...
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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 some 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,...
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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 some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance within the last two sections, but...
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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 some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections,...
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The statutes of Oregon: Enacted, and continued in force, by the Legislative ...

Oregon - History - 1855 - 653 pages
...without costs. £nc,u™- SEC. 69. When, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only> but in its entire scope and meaning, it shall not be deemed a case of variance within the two last sections, but...
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The Revised Code of the District of Columbia

District of Columbia, Robert Ould, William B. B. Cross - Law - 1857 - 699 pages
...immediate amendment without costs. SEC. 48. When, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance within the last two sections, but...
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