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" ... not 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... "
Acts Relating to the Law of Real Property: Passed in the Last Session of ... - Sida 117
efter Solomon Atkinson - 1833 - 139 sidor
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Practice of the Superior Courts of Law, in Personal Actions, and Ejectment ...

William Tidd - 1833 - 331 sidor
...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,...
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The Legal Observer, Or, Journal of Jurisprudence, Volym 6

1833
...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...
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The Principal Statutes and Rules of Court for Reform of the Administration ...

England, Great Britain - 1834 - 215 sidor
...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,...
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Volym 1

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1835
...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 is...such Court or Judge not material to the merits of the can; and by which the o]iposiic party cannot have bem prejudiced in the conduct of his action, prosecution,...
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Volym 2

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1835
...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,...the merits of the case, and by which the opposite }>arty cannnt have been prejudiced in the conduct of his action, prosecution, or defence, to be forthwith...
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The Practice of the Law in All Its Departments: With a View of Rights ...

Joseph Chitty - 1835
...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...the conduct of his action, prosecution, or defence; (a) but it is discretionary to permit an amendment, and if refused, there is no appeal; though when...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volym 2

Great Britain. Court of Exchequer, Sir Charles John Crompton, Roger Meeson - 1835
...amend only in cases where the variance between the proof and the contract set forth in the record is " not material to the merits of the case, and by which...the opposite party cannot have been prejudiced in his defence." This, it is submitted, is a substantial variance, and one which would prejudice the defendant...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volym 2

Great Britain. Court of Exchequer, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - 1835
...4, as to pleadings in 3. used) " a matter not material to the merits of the case." and Exch. of Ph by which the opposite party cannot have been prejudiced in the conduct of his action? Certainly it is not. The matter of the amendment is most material to the plaintiff in the conduct of...
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A Collection of Statutes Connected with the General Administration ..., Volym 9

Great Britain, William David Evans - 1836
...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,...
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A Practical Treatise of the Law of Vendors and Purchasers of Chattels ...

Thomas Charles Morton - 1836 - 474 sidor
...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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