 | Patrick Brady Leigh - 1838 - 774 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,... | |
 | Samuel March Phillipps - 1838 - 1358 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,... | |
 | Thomas George Western, Jean Louis de Lolme - 1838 - 628 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,... | |
 | Patrick Brady Leigh - 1838 - 928 sidor
...record, writ, or document on which tlie trial is proceeding, of any contract, custom, pretcription, name, or other matter, in any particular or particulars in the judgment of tuch court or judge not material to the merits of the case, and by which the opposite party cannot... | |
 | George Atkinson - 1839 - 524 sidor
...postponement as such Court or judge shall think reasonable ; and in casc 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 Exchequer, Roger Meeson, William Newland Welsby - 1840 - 752 sidor
...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...prosecution, or defence, to be forthwith amended," &c. It is a condition precedent that the matter should not be material to the merits of the case, nor... | |
 | Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1840 - 1104 sidor
...forth on the record" "of any contract," &c., if the variance, in the judgment of the Judge, be one "not material to the merits of the case, and by which...have been prejudiced in the conduct of his action," defence, &c. Here the variance cannot be material, nor could the defendant be prejudiced ; the whole... | |
 | Great Britain. Court of King's Bench - 1840 - 796 sidor
...Serjt. and J . Hildyard now shewed cause. The 3 & 4 Will. 4, c. 42, s. 23, allows amendments to be made ''in any particular or particulars in the judgment...court or judge not material to the merits of the case, or by which the opposite party cannot have been prejudiced." The defendant could not have been prejudiced... | |
 | Great Britain. Court of King's Bench, Sir Erskine Perry, Sir Henry Davison - 1840 - 796 sidor
...Serjt. and J. Hildyard now shewed cause. The 3 & 4 Will. 4, c. 42, s. 23, allows amendments to be made "in any particular or particulars in the judgment...court or judge not material to the merits of the case, or by which the opposite party cannot have been prejudiced." The defendant could not have been prejudiced... | |
 | George Barclay Mansel - 1840 - 286 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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... 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... 
