 | 1893 - 1176 페이지
...or defense upon the merits.'" "When 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, withoutcosts.'' Id. § 392. If the court may thus direct the jury,... | |
 | New York (State), Charles David Rust - 1885 - 814 페이지
...terms as it deems just. § 540. Where the variance is not material, as prescribed in the laet section, the court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs. § 541. Where, however, the allegation to which... | |
 | 1904 - 1352 페이지
...such terms as may be just" Gaines v. Deposit Bank (Ky.) 39 SW 438. Section 130, Civ. Code, provides that, "if such variance be not material, the court...the fact to be found, according to the evidence, and may order an Immediate amendment." Woodcock v. Farrell, 1 Mete. 437. After the beginning of the trial,... | |
 | 1917 - 1356 페이지
...and. thereupon, the court may order the pleading to be amended, upon such terms as may be just. "130. If such variance be not material, the court may direct...the fact to be found according to the evidence, and may order an immediate amendment." [2] The defendant having failed to object or claim in the trial... | |
 | Ohio, William Henry Whittaker - 1887 - 688 페이지
...598 ; see 31 OS 399. § 5295. Variance not material. Amendment without costs. 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 costs. [51 v. 57, §132; S. & C. 989.] Immaterial variances.... | |
 | 1907 - 1278 페이지
...facts on such terms as may be Just. By section 130, Civ. Code Frac., If the variance is immaterial, the court may direct the fact to be found accordIng to the evidence. By section 131, if, however, the allegation of the claim or defense to which the proof Is directed... | |
 | 1904 - 1276 페이지
...such terms as may be just. By section 130 it is provided that, if the variance is not material, ые court may direct the fact to be found according to the evidence, and may order an immediate amendment. By section 134 it is further provided that the court must hi every... | |
 | 1887 - 814 페이지
...terms as it deems just. § 540. Where the variance is not material, as prescribed 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. § 541. Where, however, the allegation to which... | |
 | 1904 - 1244 페이지
...matter which does not mislead a party to his prejudice shall be material, and section 130, declaring that if such variance be not material the court may direct the facts to be found according to the evidence, and may order an immediate amendment, a variance in the... | |
 | Indiana - 1888 - 1024 페이지
...immaterial — Action of Court. 131. 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. (95.) 393. Failure of proof. 132. When, however,... | |
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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. 
