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Books Books 101 - 110 of 155 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, George L. Nye, James A. Williams, Joseph M. Tanner, Alonzo Blair Irvine, William S. Dalton, John Walcott Thompson, August B. Edler, H. Arnold Rich, Harmel L. Pratt - 1912
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Reports of Cases Decided in the Supreme Court of the State of Oregon, Volume 70

Oregon. Supreme Court, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, William Wallace Thayer, Frank A. Turner, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Bellinger, Charles Byron - Law reports, digests, etc - 1915
...between a variance and a failure of proof. When the material allegation of the cause of action, to which proof is directed, is unproved, not in some particular or particulars only, but in its entire scope and meaning, it is not a case of variance but a failure of proof: Section 99, L. 0. L....
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The Kentucky Judicial Dictionary: Being a Compilation of All Words ..., Volume 3

Fred P. Caldwell - Law - 1916
...boundary. Fuller v. Mullins, 143 Ky. 639, 137 SW 243. If an allegation to which proof is directed, be unproved, not in some particular or particulars only, but in its general scope and meaning, it is not, under Sec. 131 of the Civil Code, to be deemed a case of variance, but a failure of proof. Prestonsburg...
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The Kentucky Judicial Dictionary: Being a Compilation of All Words ..., Volume 2

Fred P. Caldwell - Law - 1916
...of duty to others than himself." Brown's Admr. v. L. & NR Co., 97 Ky. 236. FAILURE OF PROOF. "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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The Pacific Reporter, Volume 155

Law reports, digests, etc - 1916
...proof. Section 47S6, Rev. Stat of Okla. 1910 Ann., provides, in substance, that when the allegations of the claim or defense, to which the proof Is directed, is unproved in its general scope and meaning, it is not to be deemed a case of variance, but a failure of proof....
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Chase's Pocket Code: The Code of Civil Procedure of the State of New York ...

New York (State), George Chase - Civil procedure - 1916 - 1667 pages
...to be deemed a fallare of proof. Where, however, the allegation to which the proof is directed, n . is unproved, not in some particular or particulars only, but in its entire scope and meaning, it is not a case of variance, within the last two sections, but a failure...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 34

North Dakota. Supreme Court, Edgar Whittlesey Camp, Robert Dimon Hoskins, Ames Francis Wilbur, John McDowell Cochrane, Robert Milligan Carothers, Edwin James Taylor, Hiram A. Libby, Joseph Coghlan - Court rules - 1917
...Under that section a failure of proof results only 'when . . . 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.' " See also Robertson v. Moses, 15 ND 351, 108 NW 788; Maloney v. Geiser...
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Legislative Documents, Volume 40, Issue 111

New York (State). Legislature - Government publications - 1919
...to the evidence, or may order an immediate amendment, without costs. Where, however, 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 is not a case of variance, within this section [the last two sections],...
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Carroll's Civil and Criminal Codes of Practice of Kentucky: With Notes of ...

Kentucky - Civil procedure - 1919 - 1152 pages
...and Pr. (3d Ed.), sees. 584, 622, 885. 131 t1581 [Variance when fatal action on contract.] 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 genera! scope and meaning, it is...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 186

New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin - Law reports, digests, etc - 1919
...power to grant relief without turning a party out of court. But where the allegation of the complaint is unproved, not in some particular or particulars only, but in its entire scope and meaning, it is not a case of variance, but a failure of proof, and no judgment can...
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Digest of the Decisions of the Supreme Court of Oregon: Vol. 72-90 ..., Volume 3

1919
...Banfield, 85 Or. 49, 166 Рас. 549. 58. Under section 99, LOL, providing that when the cause of action is unproved, not in some particular or particulars only, but in its entire scope aud meaning, it should not be deemed a "variance," but a "failure of proof," where a complaint...
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