 | Henry Richard Dearsly - Criminal law - 1853 - 178 pages
...on the trial of any Indictment for felony or misdemeanour, amend such variances, provided they are not material to the merits of the case, and by which the defendant cannot be prejudiced in his defence, and may either proceed with or postpone the trial to... | |
 | Edward William Cox - Criminal law - 1853 - 696 pages
...OF CRIMINAL JUSTICE IMPROVEMENT ACT. 14 & 15 VICT. CAP. 100. The court may amend certain variances not material to the merits of the case, and by which the defendant cannot be prejudiced in his defence, and may either proceed with or postpone the trial to... | |
 | Great Britain. Courts - Law reports, digests, etc - 1854 - 694 pages
...civil action, or in any information in the nature of a quo warrante, or proceedings on a mandamus, when any variance shall appear between the proof and...the judgment of such Court or Judge not material to tht merit* of the саге, and 6y which the oppotite party cannot hare tern prejudiced in the conduct... | |
 | William Mawdesley Best - Cross-examination - 1854 - 930 pages
...civil action, or in any information in the nature of a quo warranto, or proceedings on a mandamus, when any variance shall appear between the proof and...contract, custom, prescription, name, or other matter, in j any particular or particulars in the judgment of such court or judge not material to the merits of... | |
 | New Brunswick - Law - 1854 - 544 pages
...in any information in the nature of a quo warranto or proceeding on a mandamus in the Supreme Court, when any variance shall appear between the proof and...document on which the trial is proceeding, of any writing, contract, custom, prescription, name, or other matter, in any particular or particulars, in... | |
 | Simon Greenleaf - Evidence (Law) - 1854 - 784 pages
...informations in the nature of a quo warranto, and proceedings on a mandamus, the Courts being authorized, "when any variance shall appear between the proof and the recital or setting forth on the record, ivrit, or document on which the trial is proceeding, of any contract, custom, prescription, name, or... | |
 | William Francis Finlason - Civil procedure - 1855 - 668 pages
...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 ranted by the statute ( Pater v. Baker, 16 Law J., CP 124 ; 11 Jur. 370).... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1855 - 590 pages
...which considerably extended the power of the judge, and enabled him to amend " when any variance should appear between the proof and the recital or setting forth on the record, &c., of any contract, custom, prescription, name, or other matter, in any particular or particulars... | |
 | Law - 1856 - 532 pages
...any civil action, or in any information in the nature of a quo warranta or proceeding on a mandamus, when any variance shall appear between the proof and...or setting forth, on the record, writ, or document, ou which the trial is proceeding of any contract, custom, prescription, name, or other.matter, in any... | |
 | William Tidd - Civil procedure - 1856 - 976 pages
...postponement, as such court or judge shall think reasonable: and in case auch 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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... 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... 
