 | William Tidd - 1833 - 440 lehte
...between the proof, and recital or setting forth on the record, of any contract, &c. in any particular not material to the merits of the case, and by which the opposite party cannot have been pre. judiced. Terms of amendment. c. 42.* ; whereby, after reciting that great expence was often incurred,... | |
 | 1833 - 548 lehte
...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 lehte
...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 party cannot have Ijeen prejudiced in the conduct of his action, prosecution, or defence, to be forthwith amended inquiry... | |
 | Joseph Chitty - 1835 - 1032 lehte
...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 King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1835 - 1060 lehte
...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,...amended by some officer of the Court or otherwise. " Provided that it shall be lawful for any party who is dissatisfied with the decision of such Judge... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - 1835 - 814 lehte
...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 lehte
...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 lehte
...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... | |
 | Great Britain - 1836 - 756 lehte
...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 (1) And see 11 G. 4, Se l W. 4, с. 68, ». 10, as to payment of money into court in actions brought... | |
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... 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... 
