 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 Pacific Reporter - 86 페이지1923전체보기 - 도서 정보
 | Indiana. Appellate Court - 1893 - 800 페이지
...his action or defense upon the merits." "Where the variance is not material, as provided in the last section, the court may direct the fact to be found...may order an immediate amendment, without costs." Section 392. If the court may thus diVect the jury, he may, of course, thus find himself, when the... | |
 | Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1912 - 938 페이지
...amended, upon such terms as may be just. "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, and may order an immediate amendment without cost. "When, however, the allegation of the claim or defense,... | |
 | 1894 - 970 페이지
...such terms as it deems just. § 640. 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... | |
 | Indiana, Harrison Burns - 1894 - 1050 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...or may order an immediate amendment, without costs. AD amendment can not be made to obviate a failure of proof. Cincinnati, etc., R. R. Co. t>. Bunnell,... | |
 | New York (State), Morris Cooper - 1894 - 990 페이지
...such terms as it deems just. § 54O. 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. 8 541. Where, however, the allegation to which the proof is directed, is unproved, not in some particular... | |
 | Missouri. Courts of Appeals - 1894 - 768 페이지
...Peter Cooper B. and L. Ass'n. between the allegation in the pleading and the proof is not material, but the court may direct the fact to be found according to the evidence, or may order an amendment of the pleadings. Revised Statutes, 1889, section 2097. As the trial issues must be within... | |
 | South Carolina - 1894 - 670 페이지
...provided in prol'i!i£d8forOW the last Section, the Court may direct the fact to be found i87b7xiv7r8T9s; according to the evidence, or may order an immediate amendment without costs. In all immaterial variances the Court may disregard them and direct a verAD : AD 1894. emnrrer. diet... | |
 | New York (State) - 1895 - 1154 페이지
...Immaterial variances ; how provided for. 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. What to be deemed a failure of proof. Where, however, the allegation to which the proof is... | |
 | John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1895 - 1102 페이지
...immaterial variances, it is provided that where the variance is not material, as prescribed in the preceding section, the court may direct the fact to be found...evidence, or may order an immediate amendment without costs.5 Generally speaking, mere misnomers, slight errors in amounts, and in the description of property,... | |
 | Kentucky - 1895 - 800 페이지
...just. § 130 ;!«; Immaterial variance — practice — amendment. 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. petition alleged that certain property was purchased from defendant... | |
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