 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 Seiten
...has been so misled, that fact shall be proved to the satisfaction of the court, by affidavit, shewing in what respect he has been misled ; and thereupon,...pleading to be amended, upon such terms as shall be just. § 146. Where the variance is not material, as provided in the last section, the court may direct the... | |
 | New York (State). Legislature - 1848 - 672 Seiten
...has been so misled, that fact shall be proved to the satisfaction of the court, by affidavit, shewing in what respect he has been misled ; and, thereupon,...pleading to be amended, upon such terms as shall be just. § 146. Where the variance is not material, as provided in immaterial the last section, the court may... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 Seiten
...party has been so misled that fact must be proved to the satisfaction of the courl and it must be shown in what respect he has been misled; and thereupon...order the pleading to be amended, upon such terms as may be just. Amended Code, § 169. § 667. Where the variance is not material, as provided in the last... | |
 | Tennessee. Supreme Court, West Hughes Humphreys - 1850 - 862 Seiten
...that fact shall be proved to the satisfaction of the court, and in what respect he has been misled, the court may order the pleading to be amended upon such terms as may be just." New York Statutes, 1849, ch. 438, sec. 169. IRBY AND GARDNER vs. BRIGHAM AND JOHNSON.... | |
 | New York (State), Henry Strong McCall - 1851 - 244 Seiten
...alleged, that a party has been so misled, that fact shall be proved to the satisfaction of the court, and in what respect he has been misled ; and thereupon...pleading to be amended, Upon such terms as shall be just. §170. [Sec. 14(5.] Where the variance is not material, as imm«<mai provided in the last section,... | |
 | 1851 - 520 Seiten
...alleged that a party has been so misled, that fact shall be proved to the satisfaction of the court, and in what respect he has been misled; and thereupon...pleading to be amended, upon such terms as shall be just. " S. 170. Where the variance is not material, as provided in the last section, the court may direct... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 Seiten
...R., 46. a party has been so misled, that fact shall be proved to the satisfaction of the court, and in what respect he has been misled ; and thereupon...pleading to be amended, upon such terms as shall be just. This section is indentical with section 145 of the code of 1848, and under that eectiou where two parties... | |
 | New York (State). - 1851 - 266 Seiten
...alleged, that a party has been so misled, that fact shall be proved to the satisfaction of the court, and in what respect he has been misled ; and thereupon...pleading to be amended, upon such terms as shall be just. ft 170. Where the variance is not material, as provided imm«ien«i VHriam-c*. in the last section,... | |
 | Kentucky - 1851 - 544 Seiten
...been so misled, that fact must be shown to the satisfaction of the court, and it must also be shown in what respect he has been misled ; and, thereupon,...order the pleading to be amended, upon such terms as maybe just. § 183. Where the variance is not material as provided in the last section, the court may... | |
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Court, and in what respect he has been misled; and thereupon the Court may order the pleading to be amended, upon such terms as shall be just "Sec. 
