 ... by adding or striking out the name of any party, or by correcting a mistake in the name, of a party, or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially the...  The Northwestern Reporter - Page 4561885Full view - About this book
 | William John Tossell - Law reports, digests, etc - 1916 - 760 pages
...a party, or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially...conforming the pleading or proceeding to the facts proved." The court thinks it is proper to allow the sheriff leave to amend his return, and bases that upon Burton... | |
 | Kentucky - Civil procedure - 1895 - 800 pages
...any other respect ; or, by inserting other allegations material to the case ; or, if the amendment do not change substantially the claim or defense, by...the pleading or proceeding to the facts proved. And, if a proceeding taken by a party fail to conform in any respect to the provisions of this Code, the... | |
 | Kentucky - Civil procedure - 1895 - 796 pages
...any other respect ; or, by inserting other allegations material to the case ; or, if the amendment do not change substantially the claim or defense, by...the pleading or proceeding to the facts proved. And, if a proceeding taken by a party fail to conform in any respect to the provisions of this Code, the... | |
 | Law reports, digests, etc - 1895 - 1196 pages
...when such amendment does not change substantially the claim or defense; and when any proceeding falls to conform, in any respect, to the provisions of • this Code, the court may penult the same to be made conformable thereto by amendaient." Now it will be observed, by section... | |
 | Railroad law - 1905 - 970 pages
...party, or a mistake in any other respect, or by inserting other allegations material to the case ; or, when the amendment does not change substantially...conforming the pleading or proceeding to the facts proved." This simply placed the suit where it was when instituted before the commissioner, and, before the error... | |
 | Ohio. Circuit Court - Law reports, digests, etc - 1905 - 726 pages
...a party, or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially...conforming the pleading or proceeding to the facts proved." Manifestly the amended petition was offered under favor of the last clause of the statute quoted. As... | |
 | North Carolina, Thomas Brown Womack, Needham Y. Gulley, William R. Rodman - Law - 1905 - 1412 pages
...other respect ; or by inserting BjJier allegations material to the case ; or when the amendment doe? not change substantially the claim or defense, by conforming the pleading or proceeding to the fact proved. Code, s. 273; CCP. s. 132. 508. Effect Of Substantial. When the complaint is so amended... | |
 | Liquor laws - 1905 - 690 pages
...trial, in furtherance of justice, and upon such terms as it deems just, to amend a pleading, where the amendment does not change substantially the claim, or defense, by conforming the pleading to the facts proved (Code of Civ. Pro. § 723), there was no abuse of the discretion, or power, of... | |
 | Law reports, digests, etc - 1905 - 1338 pages
...inserting other allegations material to the case, and, if the amendment does not materially change the claim or defense, by conforming the pleading or proceeding to the facts proved. Held, that where a case has been appealed and the issues adjudicated, and remanded with mandate to... | |
 | Law reports, digests, etc - 1906 - 1314 pages
...process, pleading or other proceeding • * * by inserting an allegation material to the case, or where the amendment does not change substantially the claim or defense, by conforming the pleading or other proceedings to the facts proved, and In every stage of the action the court must disregard an... | |
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