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" ... when any variance shall appear between the proof and the recital or setting forth on the record, writ, or document, on which the trial is proceeding, of any contract, custom, prescription, name, or other matter, in any particular or particulars in... "
The Practice of Country Attornies and Their Agents, in the Courts of Law at ... - Seite 73
von John Frederick Archbold - 1838 - 753 Seiten
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Acts Relating to the Law of Real Property: Passed in the Last Session of ...

Solomon Atkinson - 1833 - 160 Seiten
...postponement, as such court or judge shall 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,...
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Practice of the Superior Courts of Law, in Personal Actions, and Ejectment ...

William Tidd - 1833 - 440 Seiten
...postponement, as such court or " judge shall think reasonable ; and in case such variance shall be " in some particular or particulars in the judgment of such..." or judge not material to the merits of the case, but such as that " the opposite party may have been prejudiced thereby in the con" duct of his action,...
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The Principal Statutes and Rules of Court for Reform of the ..., Seite 957

England, Great Britain - 1834 - 254 Seiten
...postponement, as such court or judge shall 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,...
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Band 1

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1835 - 1060 Seiten
...the nature of a quo warranto, or proceedings on a mandamus, when any variance shall appear between the proof and the recital or setting forth on the...such Court or Judge not material to the merits of the can; and by which the o]iposiic party cannot have bem prejudiced in the conduct of his action, prosecution,...
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Band 1

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1835 - 1030 Seiten
...the nature of a quo warranto, or proceedings on a mandamus, when any variance shall appear between the proof and the recital or setting forth on the record, writ, or document on which the trial i> proceeding, of any contract, custom, prescription, name, or other matter, in any particular or particulars...
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A Collection of Statutes Connected with the General ..., Band 9;Band 1225

Great Britain - 1836 - 756 Seiten
...postponement, as such court or judge shall 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,...
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A Practical Treatise of the Law of Vendors and Purchasers of Chattels ...

Thomas Charles Morton - 1836 - 526 Seiten
...the record, &c., of any contract, custom, pre" scription, name, or other matter, in any particu" lar or particulars in the judgment of such " Court or Judge not material to the merits of the " case, ... to be forthwith amended." It is further provided, that the party, who is dissatisfied with the...
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - 1837 - 720 Seiten
...the nature of a quo warranto, or proceedings on " a mandamus, when any variance shall appear between the proof and " the recital or setting forth on the...other matter, in any particular or particulars in the judg" ment of such court or judge not material to the merits of the case, " and by which the opposite...
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - 1837 - 942 Seiten
...between the proof an.! " the recital or setting forth on the record, writ, or documeni, •>"• " which the trial is proceeding, of any contract, custom,...other matter, in any particular or particulars in the judii" ment of such court or judge not material to the merits of the a*?" and by w^iich the opposite...
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A Treatise on the Parties to Actions, and on Pleading: With Second ..., Band 1

Joseph Chitty, Thomas Chitty - 1837 - 860 Seiten
...judge shall think reasonable ; and in case such variance shall be in some particular or participais 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,...
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