...variance is not material, as provided B the last section, the court may direct the fact to be .'onnd according to the evidence, or may order an immediate amendment, without costs. Variance— material, sec. 469; fatal, sec. 471, and note; curable, sec. filn. § 471. Where, however,...

...just. riam- ate how va ^ KC " ~^' W' ei ' e tne variance is not material, as proprovided for. vided in the last section, the Court may direct the fact...or may order an immediate amendment, without costs, what not to bo. SEC. 265. AVliere, however, the allegation of the claim ueeinecl a vuri- i .. 1*1^1...

...the pleading to be amended upon such terms as may be just. SEC. 189. [Same— Amendment.]— Whenever the variance is not material, as provided in the last...direct the fact to be found according to the evidence, and may order an immediate amendment without costs. SEC. 140. [Same — Failure of proof.] — When,...

...pleading to be amended, upon such terms as it deems just. Austin, 4 Bnrb. 272; NY Cent. In*. C«. V. according to the evidence, or may order an immediate amendment, without costs. Co. Proc-.ino. ;•; 541. What to be deemed a failure of proof. — Where, however, the allegation...

...thereupon the court may order the pleading to be amended upon such terms as may be just. " Sec. 2687. When the variance is not material, as provided in the last...direct the fact to be found according to the evidence, and may order an immediate amendment without costs. "Sec. 2688. When, however, the allegation of the...

...such terms a« shall be just. Where the variance is not material, ae provided in the last section, tbe court may direct the fact to be found according to...or may order an immediate amendment, without costs. Where, however, the allegation of the cause of action or defence to which the proof is directed is...

...may order the pleadings to be amended upon such terms as may be just." And the 470th Section says: "Where the variance is not material, as provided in...the last Section, the Court may direct the fact to he found according to the evidence, or may order an immediate amendment without cost." Then follows...

...he denied the existence of any trust, and claimed the property as his own. Code Civ. Proc. § 409. " 'Where the variance is not material, as provided In...the evidence, or may order an immediate amendment.' Code Civ. Proc. | 470. "See, also, Carter v. Rhodes, 135 Cal. 46, 66 Рас. 985; Began v. O'Reilly,...

...bis prejudice in maintaining his action or defense upon the merits. • • • Where the Tariance is not material, as provided in the last section,...direct the fact to be found according to the evidence." Сотр. Laws Utah, 1888, §§ 3252, 3253. The disagreement pointed out by the defendant between the...

...may be just." Code Civ. Proc. § 409. "Where the variance is not material, as provided in the hast section, the court may direct the fact to be found...may order an immediate amendment, without costs." Code Civ. Proc. § 470. It cannot be said that the defendant was misled to its prejudice by the variance...