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Books Books 21 - 30 of 159 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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The Code of Procedure of the State of New York: From 1848 to 1871 ...

New York (State) - Civil procedure - 1870 - 361 pages
...without costs. § I'M. (Being § 147 of 1848.) 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, 1870: As amended to August 1 ...

New York (State) - 1870 - 281 pages
...immediate amendment, without costa. g 171. Where, however, the allegation of the cause of action or de1ense to which the proof is directed is unproved, not in some particular orparticulars ouly, hut in its entire scope and meaning, it shall not he deemed a case of variance,...
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The Code of Procedure of the State of New York: as amended to 1871, with ...

New York (State)., William Wait - Law - 1871 - 975 pages
...§ 171. [147.] What to be deemed a variance. 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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Reports of Cases Argued and Determined in the Superior Court of the City of ...

New York (State). Superior Court (New York), James M. Sweeny - History - 1871
...amendment changes the whole character of the action. " When, however, the allegation of the cause of action or defense to which the proof is directed is unproved, not in some particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within...
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The Code of Civil Procedure of the State of California: Adopted March 11 ...

California - Civil procedure - 1872 - 750 pages
...immediate amendment, without costs. $ ill. (NS) Where, however, the allegation of the claim or defence to which the proof is directed, is unproved, not in...but in its general scope and meaning, it is not to bo deemed a case of variance, within the last two sections, but a failure of proof. 35 Cal. 191. $...
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THE MISCELLANEOUS DOCUMENTS OF THE HOUSE OF REPRESENTATIVES FOR THE THIRD ...

The House of Representatives.Third Session of the Forty-Second Congress,1872-'73 - 1873
...out causes of action improper to be joined. 3. 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 scope and meaning, it shall not be deemed a case of variance, within the last two sections, but a failure...
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Digest of the Decisions of the Supreme Court of Iowa: From the ..., Volume 1

Thomas Foster Withrow, Edward Holcomb Stiles - Law reports, digests, etc - 1874
...evidence, and may order an immediate amendment without costs. Si:c. 3974 (Code of 1873. i Ш8). When, however, the allegation of the claim or defense to...unproved, not In some particular or particulars only, hut In Its general scope and meaning, it shall not be deemed a case of variance within the last two...
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Volume 3

William Wait - Civil procedure - 1874
...maintaining his action or defense, upon the merits ; or, unless 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. Code, §§ 170, 171. Amendment — Summing up. d. Amendment. The Code, in...
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Code of Procedure of the State of New York: With Art. VI of the Constitution ...

New York (State) - Court rules - 1875 - 481 pages
...an immediate amendment, without costs. 2 171. Where, however, the allegation of the cause of action or defense to which the proof is directed is unproved, not in some particular or particulars only, hut in its entire scope and moauing, it shall not he deemed a case of variance, within the last two...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - Law - 1876 - 1861 pages
...may order an immediate amendment, without costs. 10.471. What not to be deemed a variance. SEC. 471. Where, however, the allegation of the claim or defense...unproved, not in some particular or particulars only, hut in its general scope and meaning, it is not to be deemed a case of variance, •within the last...
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