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" Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs. "
The Southeastern Reporter - Page 241
1906
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848
...thereupon, the court may order the pleading to be amended, upon such terms as shall be just. § 146. Where the variance is not material, as provided in...or may order an immediate amendment, without costs. § 147. Where, however, the allegation of the cause of action or defence to which the proof is directed...
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The Western Journal, of Agriculture, Manufactures, Mechanic Arts ..., Volume 1

Missouri - 1848
...prejudice, in maintaining his action or defence upon the merits. Where the variance is immaterial, the court may direct the fact to be found according...may order an immediate amendment •without costs. Any pleading may be amended by the party of course without costs and without prejudice to the proceedings...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - Law - 1848
...such terms as shall be just. § 146. Where the variance is not material, as provided in immaterial the last section, the court may direct the fact to be found ac- low™™.*' cording to the evidence, or may order an immediate amend- vided formerit, without...
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 791 pages
...may 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...or may order an immediate amendment, without costs. Amended Code, § 170. § 669. Where, however, the allegation of the claim or defence to which the proof...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New York Bar - Civil procedure - 1851 - 394 pages
...contract. Jacksan v. Sanders, 1 Code Rep., 27. § 170. [146.] Immaterial variances, how provided for. — Where the variance is not material, as provided in...or may order an immediate amendment without costs. See note to last section. The denial of a motion to amend made at the trial, ia not a ground of exception....
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The Law Magazine, Or, Quarterly Review of Jurisprudence

Law - 1851
...thereupon the court may order the pleading to be amended, upon such terms as shall be just. " S. 170. Where the variance is not material, as provided in...or may order an immediate amendment, without costs. " S. 171. Where, however, the allegation of the cause of action or defence, to which the proof is directed,...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851
...thereupon, the court may order the pleading to be amended, upon such terms as may be just. § 183. Where the, variance is not material as provided in...direct the fact to be found according to the evidence, and may order an immediate amendment without costs. § 184. Where, however, the allegation of the claim...
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Acts Passed at the ... Session of the General Assembly for the ..., Volume 1

Kentucky - Law - 1851
...and, thereupon, the court may order the pleading to be amended, upon such terms as maybe just. § 183. Where the variance is not material as provided in...direct the fact to be found according to the evidence, and may order an immediate amendment without costs. § 184. Where, however, the allegation of the claim...
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The Code of Procedure of the State of New York: As Amended by the ...

Civil procedure - 1851 - 207 pages
...terms as shall be just. ft 170. Where the variance is not material, as provided immĞienĞi VHriam-c*. in the last section, the court may direct the fact to be found Jl^v,-0prrov' according to the evidence, or may order an immediate amendment, without costs. &171....
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Laws of the State of New York

New York (State) - Session laws - 1851
...terms as shall be just. 6 170. Where the variance is not material, as provided immmeriĞi varinnctH, in the last section, the court may direct the fact to be found a""'foprrovi" according to the evidence, or may order an immediate amendment, without costs. 5) 171....
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