 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 2411906Full view - About this book
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1897 - 598 pages
...prejudice in maintaining his action or defense upon the merits." Section 3253, Id., provides that, " where the variance is not material as provided in...or may order an immediate amendment without costs." Section 14, p. 27, Laws 1890, provides that " any informality in any such statement that shall not... | |
 | Montana (Ter.) - Law - 1877 - 956 pages
...so misled, the court may order the pleading to be amended, upon such terms as may be just. SEC. 111. Where the variance is not material, as provided in...to be found according to the evidence, or may order un immediate amendment, without costs. SEC. 112. Where, however, the allegation of the claim, or defense... | |
 | New York (State) - Law - 1877 - 572 pages
...amended, upon such terms as it deems just. § 540. Where the variance is not material, as prescribed in the last section, the court may direct the fact...or may order an immediate amendment, without costs. § 541. Where, however, the allegation to which the what proof is directed, is unproved, not in some... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1912 - 686 pages
...upon such terms as may be just. "Where the variance is not material, as provided in the next preceding section, the court may direct the fact to be found...or may order an immediate amendment, without costs. "Where, however, the allegation of the claim or defense to which the proof is directed is unproved,... | |
 | Montana - Session laws - 1877 - 520 pages
...so misled, the court may order the pleading to be amended, upon such terms as may be just. SEC. 111. Where the variance is not material, as provided in the last section, the court may direct th^ fact to be found according to the evidence, or may order an immediate amendment, without costs.... | |
 | New York (State), William Wait - Civil procedure - 1877 - 662 pages
...115; Carpenter v. Goodwin, 4 Daly, 89. § ."» IO. Where the variance is not material, as prescribed in the last section, the court may direct the fact to be found according to how the evidence, or may order an immediate amendment, without costs. Tlde° forCode Pro., § 170;... | |
 | North Carolina, Albion W. Tourgée - Civil procedure - 1878 - 484 pages
...where the complaint will be filed." Wilson & Shober t>. Moore, 72—558. : ISO.— Immaterial variance. Where the variance is not material, as provided in the last section, the Judge may direct the fact to be found acamendment. Sections 128 to 136 point out how amendments shall... | |
 | Ohio - Session laws - 1878 - 1364 pages
...such terms as are just. [Civil Code. § 131, S. & C. 987.] SEC. 56. When the variance is not material, the court may direct the fact to be found according to the evidence, and may order an immediate amendment without coats. [Civil Code, § 132, S. & C 989.] SEC. 57. When... | |
 | New York (State) - 1879 - 436 pages
...deems just. immaterial § 540. Where the variance is not material, as prescribed in the last howapro38' section, the court may direct the fact to be found according to the evivided for. dence, or may order an immediate amendment, without costs. What to be § 541. Where,... | |
 | South Carolina, Robert A. Lynch - Law - 1880 - 256 pages
...terms as shall be just. ' SEC. 11)3. Where the variance is not material, as provided in immaterial the last Section, the Court may direct the fact to be found accord- 3-411, e-iss. ing to the evidence, or may order an immediate amendment without costs. SEC.... | |
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