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Books Books 11 - 20 of 154 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 Practice Cases, Determined in the Courts of the State ..., Volume 6

Austin Abbott, Benjamin Vaughan Abbott - Civil procedure - 1858
...party setting up the variance does not show that he has been actually misled, is where the allegation to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning. And where, in an action on an insurance policy, the answer alleged that after...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 10

Nathan Howard, Rowland M Stover - Law reports, digests, etc - 1860
...materially qualified by the 171st section, which immediately follows, and provides that where the allegation 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, but a failure of proof. In this...
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Reports of cases argued and determined in the Supreme Court of the ..., Volume 1

George Caines, William G. Banks, New York (State). Supreme Court - Law reports, digests, etc - 1854
...immediate amendment, without costs. 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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Statutes at Large of the State of New York: Comprising the Revised ..., Volume 5

New York (State), John Duer, Benjamin Franklin Butler, John Canfield Spencer - Law - 1863
...121; 10 B., 330; 9 B., 371; 3 Bos., 456. 3 171. "Where however, the allegation of the cause of action or defense to which the proof is directed is unproved,...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 code of procedure of the State of New York, as amended to 1864: With ...

New York (State), John Townshend - Law - 1864 - 315 pages
...171. [147.] Existing suits— Failure of Proof. Where, however, the allegation of the cause of action or defense to which the proof is directed is unproved,...in some particular or particulars only, but in its entire scope and mclming, it shall not be deemed a case of variance, within the last two sections,...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 15

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Erasmus Peshine Smith, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1864
...misled, is found in section one hundred and seventy-one of the Code. Where the allegation of the 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 be deemed a failure of proof and not an amendable variance. It cannot...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 21

Joseph S. Bosworth - Law reports, digests, etc - 1864
...plaintiff's terms. BY THE COURT—BOSWORTH, Ch. J. It is only where the allegation of the cause of action is unproved, not in some particular or particulars only, but in its entire scope and meaning, that a complaint can be dismissed for a failure of proof. (Code, §§ 171,...
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The Code of Procedure of the State of New York, as Amended to 1866, with ...

New York (State), John Townshend - Law - 1867 - 1063 pages
...Existing suits. Failure of proof . Where, however, the allegation of. the cause of action or defence entire scope and meaning, it shall not be deemed a case of variance, within the last two sections,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 30

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, James Buckley Black, Benjamin Harrison, Michael Crawford Kerr, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1869
...understanding to know what is intended. 2. G. & H. 70, sec. 49, cl. 2. And when the allegation of the claim to which the proof is directed is unproved, not in...general scope and meaning, it is not to be deemed a variance, but a failure of proof. 2. G. & H. 116, sec. 96. Eowe and Another v. Beckett and Another....
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The Code of procedure of the State of New York, as amended to 1873: with ...

New York (State), John Townshend - Civil procedure - 1870 - 899 pages
...amendment without costs. § 171. Failwre of proof . Where, however, the allegation of the cause of action or defense to which the proof is directed is unproved,...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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