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Books Books 41 - 50 of 160 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 Ohio Law Journal, Volume 2

Law - 1882
...the claim, to which the proof was dire<-: .ч!, being unproven, not in some particular or particular* only, but in its general scope and meaning, it is not to be deemed n ease of variance within sections 5204 and 5:290 of the revised statutes, but a failure of proof....
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The Pacific Reporter, Volume 138

Law reports, digests, etc - 1914
...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, LOL No variance...
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The Pacific Reporter, Volume 41

Law reports, digests, etc - 1895
...plaintiff. It will be observed that the ease In which a total failure of proof exists Is one in which "the allegation of the claim or defense to which the proof is directed is unproved," and it Is claimed by counsel for plaintiff In error that the proof was directed to the allegation of...
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The Pacific Reporter, Volume 43

Law reports, digests, etc - 1896
...evidence and may order an immediate amendment without costs." Section 133: "When, however, the allegations of the claim or defense to which the proof is directed is unproven, not in some particular or particulars only, but in its general scope and meaning, it is not...
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Rust's New York code of civil procedure 1885

New York (State), Charles David Rust - Law - 1885 - 645 pages
...evidence, or may order an immediate amendment, without costs. 541. 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 the last two sections, but a failure...
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The Northeastern Reporter, Volume 34

Law reports, digests, etc - 1893
...constitute a failure of proof, and not merely a variance, the allegation of the claim or defense must be unproved, not in some particular or particulars only, but in its general scope and meaning. Id. g 3!)3. We have a right to suppose the findings supported by the proof, and no objection appears...
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The Pacific Reporter, Volume 11

Law reports, digests, etc - 1886
...misled, the court may order the pleading to be amended upon such terras as may be just." And section 342: "Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, nut in some particular or particulars only, but in its general scope and meaning, :t is not to be deemed...
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Annotated Ohio Code of civil procedure

Ohio, William Henry Whittaker - 1887 - 635 pages
...proof, 36 OS 107 ; see 45 O. 8. 470. i See 21 Bull 295. 5298. Failure of proof not a variance. When the allegation of the claim or defense, to which the...particulars only, but in its general scope and meaning, it shall not be deemed a case of variance within the last two sections, but a failure of proof. [51 v....
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The Southwestern Reporter, Volume 163

Law reports, digests, etc - 1914
...defined by statute (section 2021, supra) as follows : "Where 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, but a failure of proof." It is...
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The Southwestern Reporter, Volume 167

Law reports, digests, etc - 1914
...the express provisions of Qv. Code Prac. 131, if the allegation to which the proof is directed be unproved, not in some particular or particulars only, but in its general scope and meaning, it is not a case of variance, but a failure of proof. [Ed. Note. For other cases, see Pleading, Cent Dig....
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