...variance. CCP, n. littt, Where the variance is not material as provided in the preceding section, the judge may direct the fact to be found according to the evidence,...or may order an immediate amendment without costs. See cases cited under preceding section. Sec. 271. A failure of proof, when. CC I'., s. 130. some particular...

...In case of immaterial variance—that is, a variance that does not substantially prejudice a party, the court may direct the fact to be found according to the evidence, or it may at once order an amendment without cost. The purpose of the statute is to enable the court to...

...terms as are just." And by section 5296 of the Revised Statutes, "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." It was not alleged or proved to the court, that...

...such 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...or may order an immediate amendment, without costs. § 541. Where, however, the allegation to which the proof is directed, is unproved, not in some particular...

...that he has been misled.3 Tho Code provision on the subject is that where the variance ii not material the court may direct the fact to be found according...evidence, or may order an immediate amendment without costs.4 And a judgment will not be reversed on the ground of variance, when the variance is not material.6...

...Ms action 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...the evidence, or may order an immediate amendment, withoutcosts.'' Id. § 392. If the court may thus direct the jury, he may, of course, thus find himself...

...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 to be found...or may order an immediate amendment, without costs. § 541. Where, however, the allegation to which the proof is directed, is unproved^ not in some particular...

...St. 1909, § 1847, providing that in case of an immaterial variance the court may direct the facts to be found according to the evidence or may order an immediate amendment without costs, the denial of a continuance on the ground of the amendment was not improper, where the party seeking...

...Deposit Bank (Ky.) 39 SW 438. Section 130, Civ. Code, provides that, "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." Woodcock v. Farrell, 1 Mete. 437. After the beginning of the...

...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....