 | William Tidd - 1833 - 440 pàgines
...reasonable ; and in case such variance shall be in some particular or particulars, in the judgment of such court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby, in the conduct of his action,... | |
 | Solomon Atkinson - 1833 - 160 pàgines
...think reasonable ; and in case such variance shall be in some particular or particulars in the judgment of such court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in the conduct of his action,... | |
 | 1833 - 548 pàgines
...following oases : Variance between the proof and the recital, on the record of any contract, custom, &c., not material to the merits of the case, and by which the other party cannot be prejudiced. Where not material to the merits, but where the other party may be... | |
 | England, Great Britain - 1834 - 254 pàgines
...think reasonable; and in case such variance shall be in some particular or particulars in the judgment of such court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in the conduct of his action,... | |
 | Joseph Chitty - 1835 - 1032 pàgines
...as well In verbal as written evidence, in any particular, in the judgment of the Court or judge Hot material to the merits of the case, and by which the...the conduct of his action, prosecution, or defence; (a) but it is discretionary to permit an amendment, and if refused, there is no appeal; though when... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - 1835 - 814 pàgines
...amend only in cases where the variance between the proof and the contract set forth in the record is " not material to the merits of the case, and by which...the opposite party cannot have been prejudiced in his defence." This, it is submitted, is a substantial variance, and one which would prejudice the defendant... | |
 | Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1835 - 1030 pàgines
...contract, custom, prescription, name, or other matter, in any particular or particulars in the judgment of such Court or Judge not material to the merits of the case, and by which the opposite }>arty cannnt have been prejudiced in the conduct of his action, prosecution, or defence, to be forthwith... | |
 | Great Britain. Court of Exchequer - 1836 - 816 pàgines
...the most general term used) " a matter not material to the merits of the case," and Exch. of Pleas, by which the opposite party cannot have been prejudiced in the conduct of his action? Certainly it is not. The matter of the amendment is most material to the plaintiff in the conduct of... | |
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Judge, not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence... 
