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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... "
Reports of Argued and Determined in the Courts of Exchequer and Exchequer ... - Seite 105
von Great Britain. Court of Exchequer - 1836
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Practice of the Superior Courts of Law, in Personal Actions, and Ejectment ...

William Tidd - 1833 - 440 Seiten
...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 been prejudiced in the " conduct of his action, prosecution, or defence, to be forthwith " amended by some officer of the court or otherwise, both...
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Acts Relating to the Law of Real Property: Passed in the Last Session of ...

Solomon Atkinson - 1833 - 160 Seiten
...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 been prejudiced in the conduct of his action, prosecution, or defence, to be forthwith amended by some officer of the court or otherwise, both in...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Band 2

Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - 1835 - 824 Seiten
...4, as to pleadings in 3. used) " a matter not material to the merits of the case." and Exch. of Ph by which the opposite party cannot have been prejudiced...up a new case. Then how can this variance be said tu be " immaterial to the merits of the case" within the 24th section of the statute, which authorizes...
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The Practice of the Law in All Its Departments: With a View of ..., Band 3

Joseph Chitty - 1835 - 1032 Seiten
...in any particular, in the judgment of the Court or judge Hot 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; (a) but it is discretionary to permit an amendment, and if refused, there...
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A Collection of Statutes Connected with the General ..., Band 9;Band 1225

Great Britain - 1836 - 756 Seiten
...No. I. 3 & 4 W. 4, с. 42. Power for the court or judge to direct the facts to be found specially, which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence, (1) to be forthwith amended by some officer of the court or otherwise, both...
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - 1837 - 720 Seiten
...particulars in the judg" ment of such court or 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, to be forthwith " amended by some officer of the court or otherwise, both...
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer - 1837 - 1338 Seiten
...authorized by 3 & 4 W. 4. c. 42. s. 23. is in " a matter not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action." Now the amendment proposed would change a plea that there was no consideration, into a plea that there...
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An Abridgment of the Law of Nisi Prius, Band 1

William Selwyn - 1838 - 802 Seiten
...any particular in the judgment of such court or 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, to be forthwith amended by some officer of the court or otherwise, both in...
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A Digest Or [!] the Law Relative to Pleading and Evidence in Civil Actions

John Frederick Archbold - 1838 - 682 Seiten
...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 been prejudiced in the conduct of his action, prosecution or defence, to be forthwith amended by some officer of the court or otherwise, both in...
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A Treatise on the Law of Evidence, Teil 2

Samuel March Phillipps - 1838 - 586 Seiten
...Amendment at '" the judgment of such Court or Judge not material to the mnptius. merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence, to be forthwith amended by some officer of the Court or otherwise, both in...
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