 | Edmund Powell - Evidence - 1856 - 456 pages
...the record and the proof, whether written or oral, of civil issues on quo warranto or mandamus, or in any contract, custom, prescription, name, or other matter, in any particular or particulars in the j udgment of the court, not material to the merits of the case. "Many cases have been decided on both... | |
 | John Pitt Taylor - Evidence (Law) - 1858 - 898 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...other matter, in any particular or particulars, in the judgnwtt of such Court or judge, iwt material to the mtrits of the case, and by u-hi-li the opposite... | |
 | Edmund Powell - Evidence (Law) - 1859 - 540 pages
...record and the proof, whether written or oral, of civil issues or on quo warranto or mandamus, or in any contract, custom, prescription, name, or other...in any particular or particulars in the judgment of the court, not material to the merits of the case. Many cases have been decided on both these statutes... | |
 | Prince Edward Island - Law - 1862 - 892 pages
...between the proof and the recital or setting forth on the record, writ, or document , on which the said trial is proceeding, of any contract, custom, prescription,...particular or particulars, in the judgment of such Court, not material to the merits of the case, and by which the opposite party cannot have been prejudiced... | |
 | Turks and Caicos Islands, Alfred John Duncombe - Law - 1862 - 650 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...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,... | |
 | Prince Edward Island - Law - 1862 - 892 pages
...warranlo or proceedings in a mandamus, when any variance shall, after the passing of this Act, be made to appear between the proof and the recital or setting...forth on the record, writ, or document on which the said trial is proceeding, of any contract, custom, prescription, name, or other matter in any particular... | |
 | Turks and Caicos Islands, Alfred John Duncombe - Law - 1862 - 640 pages
...postponement, as such Court or J udge 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 conduct of his action,... | |
 | Joseph Goodeve - Evidence - 1862 - 776 pages
...authorized an amendment in every case of variation between the proof and the recital on the record of any contract custom, prescription, name, or other matter, in any particular not material to the merits, and by which the opposite parly could not have been prejudiced in the conduct... | |
 | Bahamas, Sir George Campbell Anderson - Law - 1868 - 380 pages
...otherwise, as if no suck variance or variances had appeared. PREAMBLE. 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,... | |
 | James Fitzjames Stephen - Criminal law - 1863 - 540 pages
...prevent such objections from being taken. The act, further, gives power to the court to amend variances not material to the merits of the case, and by which the defendant cannot be prejudiced in his defence ; such as mis-statements as to the ownership of stolen... | |
| |
... 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... 
