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" 1. The Court may amend certain Variances not material to the Merits of the Case, and by which the Defendant cannot be prejudiced in his Defence, and may either proceed with or postpone the Trial to be had before the same or another Jury. "
The Jurist - Seite 340
1852
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A Collection of the Public General Statutes Passed in the ... Year of the ...

Great Britain - 1833 - 1182 Seiten
...Prescription, Name, or other Matter, in any Particular or Particulars in the Judgment of such Court or Judge 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, to...
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The Legal Observer, Or, Journal of Jurisprudence, Band 5

1833 - 622 Seiten
...prescription, name, or other matter, in any particular or particulars in the judgment of such Court or Judge 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, to...
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The Law Magazine, Or, Quarterly Review of Jurisprudence

1833 - 520 Seiten
...trial is proceeding,of any contract, custom, prescription, name, or other matter, in any particulars not material to the merits of the case and by which the opposite party cannot have been prejudiced, to be forthwith amended, both in the part of the pleadings...
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Practice of the Superior Courts of Law, in Personal Actions, and Ejectment ...

William Tidd - 1833 - 440 Seiten
...between the proof, and the recital or setting forth on the record, of any contract, &c. in any particular not material to the merits of the case, and by which the opposite party cannot have been prejudiced. Ante, 147, 8, 9. Terms of amendment. of costs and postponement,...
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Acts Relating to the Law of Real Property: Passed in the Last Session of ...

Solomon Atkinson - 1833 - 160 Seiten
...prescription, name, or other matter, in any particular or particulars in the judgment of such court or judge 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, to...
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The Legal Observer, Or, Journal of Jurisprudence, Band 6

1833 - 548 Seiten
...following cases : 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 ..., Seite 957

England, Great Britain - 1834 - 254 Seiten
...prescription, name, or other matter, in any particular or particulars in the judgment of such court or judge 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, to...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Band 2

Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - 1835 - 814 Seiten
...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...
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A Treatise on the Parties to Actions, and on Pleading: With Second ..., Band 1

Joseph Chitty, Thomas Chitty - 1837 - 860 Seiten
...prescription, name, or other matter, in any particular or particulars in the judgment of such Court or judge 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, to...
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - 1837 - 942 Seiten
...variance between the proof and :ital or setting forth on the record, of any contract, &c. in any lar not material to the merits of the case, and by which the oppartv cannot have been prejudiced. By the speedy judg- By speedy nd execution act*, a judge s order...
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