 | New York (State), Henry Strong McCall - 1851 - 244 стор.
...Upon such terms as shall be just. §170. [Sec. 14(5.] Where the variance is not material, as imm«<mai provided in the last section, the court may direct the fact to ii°w prcm* J dcd for. be found according to the evidence, or may order an immediate amendment, without... | |
 | New York (State) - 1852 - 606 стор.
...the amount demanded. Ib. § 170. [146.] Existing suits. Immaterial variances, how provided for. — Where the variance is not material, as provided in...or may order an immediate amendment without costs. See note to last preceding section. The denial of a motion to amend made at the trini, is noi a ground... | |
 | Henry Whittaker - 1852 - 900 стор.
...as follows : court may order the pleading to be amended, upon such terms as shall be just. § 170. Where the variance is not material, as provided in...or may order an immediate amendment, without costs. § 171. Where, however, the allegation of the cause of action or defence, to which the proof is directed,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1853 - 688 стор.
...be amended upon such terms as may be just. Where the variance is not material in the sense stated, the Court may direct the fact to be found according...or may order an immediate amendment without costs. RS 1852, vol. 2, p. 46. The Court may, also, at any time, in its discretion, and upon such terms as... | |
 | New York (State) - 1855 - 802 стор.
...Corning, 1 Code Rep., NS, 351. § 170. [146.] Existing suits. Immaterial variance*, how provided for. Where the variance is not material, as provided in...or may order an immediate amendment without costs. 'See note to last preceding section. Л. The denial of a motion to amend made at the trial, is not... | |
 | Oregon - 1855 - 670 стор.
...shall be just. iSta!^1 SEC. 68. "When the variance is not material, as provided in the how provid- last section, the court may direct the fact to be found according to o Bart. sns. the evidence, or may order an immediate amendment, without costs. £nc,u™- SEC. 69.... | |
 | District of Columbia - 1857 - 788 стор.
...terms as may be just. SEC. 47. When the variance is not material as provided in the last preceding section, the court may direct the fact to be found according to the evidence, and may order an immediate amendment without costs. SEC. 48. When, however, the allegation of the cause... | |
 | New York (State). Superior Court (New York), Joseph S. Bosworth - 1859 - 756 стор.
...the party has been so misled, that fact must be proved to the satisfaction of the Court. By § 170, where the variance is not material as provided in...direct the fact to be found according to the evidence. And by § 176, the Court is required to disregard any error or defect in the pleadings, which shall... | |
 | George Caines - 1854 - 764 стор.
...misled ; and thereupon the court may order the pleading to be amended, upon such terms as ehall be just. Where the variance is not material, as provided in...or may order an immediate amendment, without costs. Where, however, the allegation of the cause of action or defence to which the proof is directed is... | |
 | Nathan Howard (Jr.) - 1860 - 616 стор.
...when an amendment may be ordered upon such terms as shall be just. When the variance is not material, the court may direct the fact to be found according...or may order an immediate amendment without costs. The language of these sections, it seems to me, obviously contemplates a case where the alleged variance... | |
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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. 
