 | Kentucky - 1799 - 606 Seiten
...of the retord or proceedings ; or for oinllu* on of the averment, " This lie is ready to veryfy,"' or " This he is ready to verify by the record, "or for not auedi.' ing as appeal eth by the record ; or for not »Hedging that the fuit or aition is within the... | |
 | Virginia. Supreme Court of Appeals, Bushrod Washington - 1799 - 344 Seiten
...the fame being right in any part of the record or proceedings^ or 3dly, for omitting the aver-* ment of any matter, without proving which, the jury ought not to have giv'eiv fuch verdict. The Englifti ftatute of .h& & a ^ti .' \ , j-( ll, Janus I, C. 13, differs from... | |
 | United States. Supreme Court, William Cranch - 1804 - 514 Seiten
...that no judgment after verdi£l fhall be ftayccl or reverfed, for inifpleading, injujpcient pleading, or for omitting the averment of any matter, without...proving which, the jury ought not to have given fuch verdict. Rev. Code, ii 8. But the averment was not neceflary. The declaration contains an allegation... | |
 | William Waller Hening - 1823 - 674 Seiten
...being right in any part of the record or proceeding;) or for omission of the averment, " this he is ready to verify," or "this he is ready to verify by...omitting the averment of any matter, without proving vuliich, the jury ought not to have given such a verdict; or for not alledging that the suit or action... | |
 | United States. Supreme Court, William Cranch - 1812 - 486 Seiten
...that no judgment after verdict shall be stayed or reversed, for mispleading, insufficient pleading, or for omitting the averment of any matter, -without proving which the jury ought not to have given such verdict. Rev, Code, 118. But the averment was not necessary. The declaration contains an allegation... | |
 | Virginia - 1823 - 652 Seiten
...being right in any part of the record or proceeding;) or for omission of the averment, " this he is ready to verify," or " this he is ready to verify...omitting the averment of any matter, without proving winch, the jury ought not to have given such a verdict; or for not alledging that the suit or action... | |
 | Nathan Dane - 1829 - 982 Seiten
...jeofails, of 1819, ch. ART. 4. 128, which declares ' that a verdict shall cure the omission of Con. the averment of any matter, without proving which, the jury ought not to have given such a verdict;' cannot be construed to cure the want of an averment of the cause of action. See 2... | |
 | New York (State) - 1829 - 882 Seiten
...of which omission a special demurrer could have been maintained : 9. For omitting any allegation or averment of any matter, without proving which, the jury ought not to have given such verdict : 10. For any mistake in the name of any party or person ; or in any sum of money ; or... | |
 | Elijah Paine - 1830 - 684 Seiten
...of which omission a special demurrer could have been maintained : 9. For omitting any allegation or averment of any matter, without proving which, the jury ought not to have given such verdict : 10. For any mistake in the name of any party or person ; Mis1ake in or in any sum of... | |
 | Jacob D. Wheeler - 1833 - 646 Seiten
...special demurrer could !;nve been maintained : 9. For omitting any allegation or a . •:• •. : of any matter, without proving which the jury ought not to have given such verdict : 1. tone, though a subsequent judgment had been entered up against the defendant, on... | |
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... day, month or year, when the correct name, time, sum or description shall have been once rightly alleged in any of the pleadings or proceedings. 
