 ... when any variance shall appear between the proof and the recital or setting forth on the record, writ, or document, on which the trial is proceeding, of any contract, custom, prescription, name, or other matter, in any particular or particulars in...  Reports of Cases Argued and Ruled at Nisi Prius: In the Courts of Queen's ... - Page 729by Great Britain. Courts, Frederick Augustus Carrington, Andrew Valentine Kirwan - 1850Full view - About this book
 | Solomon Atkinson - Real property - 1833 - 160 pages
...postponement, as such court or judge shall think reasonable ; and in case such variance shall be in some particular or particulars in the judgment of such...court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in the conduct of his action,... | |
 | William Tidd - Civil procedure - 1833 - 440 pages
...postponement, as such court or " judge shall think reasonable ; and in case such variance shall be " in some particular or particulars in the judgment of such..." or judge not material to the merits of the case, but such as that " the opposite party may have been prejudiced thereby in the con" duct of his action,... | |
 | Law - 1833 - 548 pages
...following oases : Variance between the proof and the recital, on the record of any contract, custom, &c., not material to the merits of the case, and by which the other party cannot be prejudiced. Where not material to the merits, but where the other party may be... | |
 | England, Great Britain - Justice, Administration of - 1834 - 254 pages
...postponement, as such court or judge shall think reasonable; and in case such variance shall be in some particular or particulars in the judgment of such...court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in the conduct of his action,... | |
 | Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - Law reports, digests, etc - 1835 - 1030 pages
...the nature of a quo warranto, or proceedings on a mandamus, when any variance shall appear between the proof and the recital or setting forth on the record, writ, or document on which the trial i> proceeding, of any contract, custom, prescription, name, or other matter, in any particular or particulars... | |
 | Joseph Chitty - Civil procedure - 1835 - 1032 pages
...as well In verbal as written evidence, in any particular, in the judgment of the Court or judge Hot material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence; (a) but it is discretionary... | |
 | Great Britain - Law - 1836 - 756 pages
...postponement, as such court or judge shall think reasonable ; and in case such variance shall be in some particular or particulars in the judgment of such...court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in the conduct of his action,... | |
 | Thomas Charles Morton - Vendors and purchasers - 1836 - 526 pages
...the record, &c., of any contract, custom, pre" scription, name, or other matter, in any particu" lar or particulars in the judgment of such " Court or Judge not material to the merits of the " case, ... to be forthwith amended." It is further provided, that the party, who is dissatisfied with the... | |
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