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" Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be. deemed a case of variance. within the last two... "
The Northeastern Reporter - Seite 23
1892
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - 1848 - 672 Seiten
...reply. 147. Where, however, the allegation of the cause of acor defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections, but a failure of proof. § 148....
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 Seiten
...147. Where, however, the allegation of the cause . of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections, but a failure of proof. Page...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 Seiten
...170. § 669. Where, however, the allegation of the claim or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the last two section?,...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Band 14;Band 45

1851 - 520 Seiten
...171. Where, however, the allegation of the cause of action or defence, to which the proof is directed, is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance within the last two sections, but a failure of proof. " S. 172....
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 244 Seiten
...the allegation of the whattotc cause of action or defence to which the proof is directed is variance, unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections, but a failure of proof. §172....
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Laws of the State of New York, Band 2

New York (State) - 1851 - 1408 Seiten
...the cause ofwhwiohe deemed :i action or defence to which the proof is directed is unprov- vari! ed, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections, l>ut a failure of proof. § 172....
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 Seiten
...— Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and moaning, it shall not be deemed a case of variance, within the last two sections, but a failure of...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 Seiten
...cause of wimtmbe. deemed u action or defence to which the proof is directed is unprov- variancced, not in some particular or particulars only, but in its entire scope and meaning, it shall not be deemed a case of variance, within the last two sections, but a failure of proof. § 172....
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Band 1

Kentucky - 1851 - 548 Seiten
...costs. § 184. Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance within the last two sections,...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 Seiten
...costs. § 184. Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope nnd meaning, it is not to be deemed a case of variance within the last two sections,...
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