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" ... such court or judge, in any civil action, or in any information in the nature of a quo warranto, or proceedings 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 Legal Observer, Or, Journal of Jurisprudence - Page 339
1841
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Practice of the Superior Courts of Law, in Personal Actions, and Ejectment ...

William Tidd - Civil procedure - 1833 - 440 pages
...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 " such court or judge not material to the merits of the case, and " by which the opposite party cannot...
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Acts Relating to the Law of Real Property: Passed in the Last Session of ...

Solomon Atkinson - Real property - 1833 - 160 pages
...variance shall ap- 3 & 4 w. 4, pear between the proof and the recital or setting forth on — 1-15: — the record, writ, or document on which the trial is...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...
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The Principal Statutes and Rules of Court for Reform of the ..., Page 957

England, Great Britain - Justice, Administration of - 1834 - 254 pages
...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...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...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 1

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - Law reports, digests, etc - 1835 - 1060 pages
...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...in any particular or particulars in the judgment of such Court or Judge not material to the merits of the can; and by which the o]iposiic party cannot...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 1

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - Law reports, digests, etc - 1835 - 1030 pages
...between the proof and the recital or setting forth on the record, writ, or document on which the trial i> proceeding, of any contract, custom, prescription,...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 }>arty cannnt...
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A Collection of Statutes Connected with the General ..., Volume 9; Volume 1225

Great Britain - Law - 1836 - 756 pages
...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...in any particular or particulars in the judgment of such court or judge not material to the merits of the case, and by (1) And see 11 G. 4, Se l W. 4,...
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A Treatise on the Parties to Actions, and on Pleading: With Second ..., Volume 1

Joseph Chitty, Thomas Chitty - Forms (Law) - 1837 - 860 pages
...on a mandamus, when anv variance shall appear between the proof and the recital or setting forth on the record, writ, or document on which the trial is...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...
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - Civil procedure - 1837 - 720 pages
...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...other matter, in any particular or particulars in the judg" ment of such court or judge not material to the merits of the case, " and by which the opposite...
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - Civil procedure - 1837 - 942 pages
...between the proof an.! " the recital or setting forth on the record, writ, or documeni, •>"• " which the trial is proceeding, of any contract, custom,...other matter, in any particular or particulars in the judii" ment of such court or judge not material to the merits of the a*?" and by w^iich the opposite...
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The Rise and Progress of the English Constitution: The Treatise of ..., Volume 2

Jean Louis de Lolme, Archibald John Stephens - Constitutional history - 1838 - 674 pages
...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 such court or judge not material to the merits of the case, and by which the opposite party cannot...
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