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Books Books 51 - 60 of 161 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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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

New York (State) - Civil procedure - 1887 - 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 ease of variance, within the last two sections, but a failure...
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The Southwestern Reporter, Volume 106

Law reports, digests, etc - 1908
...in the language of the Code, "the allegation of a 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" ; as, for instance, If the pleader wholly fails to sustain the cause of action or defense relied on....
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The Southwestern Reporter, Volume 97

Law reports, digests, etc - 1907
...immaterial, the court may direct the fact to be found accordIng to the evidence. By section 131, 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 Southwestern Reporter, Volume 190

Law reports, digests, etc - 1917
...INJTJBIES то SEBVANT — VARIANCE IN PROOF — STATUTE. Under Civ. Code Prac. 131, providing that if the allegation of the claim or defense to which the proof is directed be unproved in its general scope and meaning, it is to be deemed a failure of proof, where the machine...
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The American Decisions: Containing All the Cases of General Value ..., Volume 95

Law reports, digests, etc - 1888
...understanding to know what is intended: 2 Id. 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 Id. 116, sec. 96. The complaint in this case avers that the plaintiffs...
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The Code of civil procedure of the State of California

California - 1880 - 1122 pages
...without costs. Variance— material, sec. 460; fatal, sec. 471. and note; curable, see. 471*. 8 471. Where, however, the allegation of the claim or defense...particular or particulars only, but in its general ecope and meaning, it is not to be deemed a case of variance, within the last two sections, but a failure...
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A Treatise on the Law of Trials in Actions Civil and Criminal, Volume 2

Seymour Dwight Thompson - Cross-examination - 1889 - 2376 pages
...another statute in the practice act of the same State, " 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." Mo. Rev....
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The New York Code of civil procedure, as amended to, and including, 1889 ...

New York (State), Charles David Rust - 1889 - 702 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 it failure...
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Volume 34

Missouri. Courts of Appeals, Andrew Moore Berry, James Franklin Mister, Ben Eli Guthrie, Edward Augustus Lewis, David Goldsmith, John Webster North, Madison Roswell Smith, John Turner White - Law reports, digests, etc - 1889
...Bk. v. Nickell. The statute provides (RS, sec. 3702): "When the allegation of the cause of action, to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope of meaning, it shall not be deemed a case of variance but a failure of proof." A party...
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Parson's Complete Annotated Pocket Code: The New York Code of Civil ...

New York (State) - Civil procedure - 1891 - 931 pages
...641. What to be deemed a failure of proof. — Where, however, the allegation to which the proof ia 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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