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" ... such court or judge, in any 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 the recital or setting forth on the record, writ, or document, on which... "
Reports of Cases Argued and Determined in the English Courts of Common Law ... - Page 303
by Great Britain. Courts - 1869
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Practice of the Superior Courts of Law, in Personal Actions, and Ejectment ...

William Tidd - Civil procedure - 1833 - 440 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,...in any 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...
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Acts Relating to the Law of Real Property: Passed in the Last Session of ...

Solomon Atkinson - Real property - 1833 - 160 pages
...variance shall ap- 3 & 4 w. 4, pear between the proof and the recital or setting forth on — 1-15: — the record, writ, or document on which the trial is...in any 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...
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The Principal Statutes and Rules of Court for Reform of the ..., Page 957

England, Great Britain - Justice, Administration of - 1834 - 254 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...in any 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...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 1

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - Law reports, digests, etc - 1835 - 1060 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...in any particular or particulars in the judgment of such Court or Judge not material to the merits of the can; and by which the o]iposiic party cannot...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 1

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - Law reports, digests, etc - 1835 - 1030 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...on the record, writ, or document on which the trial i> proceeding, of any contract, custom, prescription, name, or other matter, in any particular or particulars...
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A Collection of Statutes Connected with the General ..., Volume 9; Volume 1225

Great Britain - Law - 1836 - 756 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...in any particular or particulars in the judgment of such court or judge not material to the merits of the case, and by (1) And see 11 G. 4, Se l W. 4,...
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - Civil procedure - 1837 - 720 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 judg" ment of such court or judge not material to the merits of the case, " and by which the opposite...
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A Treatise on the Parties to Actions, and on Pleading: With Second ..., Volume 1

Joseph Chitty, Thomas Chitty - Forms (Law) - 1837 - 860 pages
...action, or in any information in the nature of a quo warranta, or proceedings on a mandamus, when anv variance shall appear between the proof and the recital...in any 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...
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - Civil procedure - 1837 - 942 pages
...written or printed evidence and the record ; or, by the law amendment act f , where there is any variance between the proof and the recital or setting forth on the record, of any contract, &c. in any particular not material to the merits of the case, and by which the opposite...
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A Digest Or [!] the Law Relative to Pleading and Evidence in Civil Actions

John Frederick Archbold - Civil procedure - 1838 - 682 pages
...any civil action or in any information in the nature of a quo waranto, or proceedings on a mandamus, when any variance shall appear between the proof,...in any 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...
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