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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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Reports of Cases Argued and Determined in the Queen's ..., Del 145, Volym 2

Great Britain. Bail Court - 1846 - 1082 sidor
...namely, whether the amendment is or is not to correct a misstutcment, not material to the interests of the case, and by which the opposite party cannot have been prejudiced. It is always a matter of some difficulty (it being an impossibility to arrive at an absolute certainty...
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New Practice Cases: Together with Cases in Evidence ..., Utgåva 30, Volym 2

Great Britain. Courts, R. G. Wilford - 1848 - 556 sidor
...when any variance shall appear between the proof and the recital, or setting forth on the record, &c., of any contract, custom, prescription, name, or other...conduct of his action, prosecution, or defence, to DC forthwith amended by some officer of the court, or otherwise," &c. This is a variance between the...
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The Law and Practice Relating to Criminal Informations, and Informations in ...

William Robert Cole - 1847 - 316 sidor
...postponement, as such court or judge shall think reasonable; in and 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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The Law and Practice of the High Prerogative Writ of Mandamus: As it Obtains ...

Thomas Tapping - 1848 - 562 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...in any particular or particulars in the judgment of any such Court or Judge, not material to the merits of the case, and by which the opposite party cannot...
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Common Bench Reports: Cases Argued and Determined in the Court of Common ...

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1848 - 1084 sidor
...an amendment " 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...any contract, custom, prescription, name, or other (a) See the case of Prudkomme v. Prater, 1 Mood. Si Rob. 435., where Lord Denman ruled that superfluous...
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Reports of Cases Argued and Determined in the Queen's Bench ..., Volym 4

Alfred Septimus Dowling, Great Britain. Bail Court, John James Lowndes - 1848 - 954 sidor
...23. Under that statute the Judge is only empowered to amend in case of a variance in any particular " not material to the merits of the case, and by which the opposite party cannot have been prejudiced," &c. But the effect of the proposed amendment would be to substitute an entirely different contract...
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A Treatise on the Law of Evidence, as Administered in England and ..., Volym 1

John Pitt Taylor - 1848 - 764 sidor
...mandamus — when any variance shall appear between the proof and the recital on the record, fyc., of any contract, custom, prescription, name, or other matter, in any particular, in the judgment of such court or judge not material to the merits of the case, and by which the opposite...
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The Irish Jurist, Volym 4

1852 - 836 sidor
...proceedings on a mandamus, when any variance shall appear between the proof and recital or setting forth on the record, writ, or document on which the trial is...court or judge, not material to the merits of the ease, and by which the opposite party canm t have been prejudiced in the conduct of his action, prosecution,...
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Reports of Cases Argued and Determined in the English Courts of ..., Volym 6

Great Britain. Court of Common Pleas - 1850 - 594 sidor
...42, s. 23, the judge at the trial has power to amend any matter of variance that in his judgment is " not material to the merits of the case, and by which the opposite party cannot have been prejudiced iu the conduct of his action, prosecution, or defence." In Goldshcde \. Swan, 1 Exch. 154, a declaration...
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English Reports in Law and Equity: Containing Reports of Cases in the House ...

Edmund Hatch Bennett, Chauncey Smith - 1851 - 680 sidor
...record, when any variance shall appear between the proof and the recital or setting forth on the record, of any contract, custom, prescription, name, or other...particular or particulars in the judgment of such judge not material to the merits of the case, and by which the opposite party cannot have been prejudiced...
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