 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1913 - 996 Seiten
...provides: "If, however, the allegation of the claim or defense, to which the proof is directed, be unproved, not in some particular or particulars only,...within the last two sections, but a failure of proof." The allegations of the petition when taken and read together must be interpreted to mean that Nicholas... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 Seiten
...read as follows: § 147. Where, however, the allegation of the cause . of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections,... | |
 | New York (State). Legislature - 1848 - 672 Seiten
...allowed. rights. Supple. reply. 147. Where, however, the allegation of the cause of acor defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections,... | |
 | New York (State). - 1850 - 920 Seiten
...costs. Amen, ed Code, § 170. § 668. Where, however, the allegation of the claim or defence to which the proof is directed is unproved, not in some particular...within the last two sections, but a failure of proof. Amended Code, § 171. § 669. Any pleading may be once amended by the party of course, without costs,... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 Seiten
...costs. Amended Code, § 170. § 669. Where, however, the allegation of the claim or defence to which the proof is directed is unproved, not in some particular...be deemed a case of variance, within the last two section?, but a failure of proof. Amended Code, § 171. § 669. Any pleading may be once amended by... | |
 | Kentucky - 1851 - 548 Seiten
...immediate amendment without costs. § 184. Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular...within the last two sections, but a failure of proof. Variance In pleading not material, unless the adverse party has been misled. Fact to bo found according... | |
 | Kentucky - 1851 - 544 Seiten
...immediate amendment without costs. § 184. Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope nnd meaning, it is not to be deemed a case of variance within the last two sections, but a failure... | |
 | New York (State). - 1851 - 266 Seiten
...variancced, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections, but a failure of proof. § 172. Jlny pleading may be once amended by the party of*m«m\\ mellta ol course, without costs, and... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 Seiten
...be deemed a variance. — Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and moaning, it shall not be deemed a case of variance, within the last two sections,... | |
 | 1851 - 520 Seiten
...without costs. " S. 171. Where, however, the allegation of the cause of action or defence, to which the proof is directed, is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance within the last two sections, but... | |
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Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the last two sections,... 
