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" ... variance, instead of causing the record or document to be amended as aforesaid, direct the jury to find the fact or facts, according to the evidence, and thereupon such finding shall be stated on such record or document, and, notwithstanding the finding... "
Reports of Cases Argued and Determined in the Court of King's Bench: In ... - Page 331
by Great Britain. Court of King's Bench, Sandford Nevile, Sir William Montagu Manning - 1835
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Practice of the Superior Courts of Law, in Personal Actions, and Ejectment ...

William Tidd - Civil procedure - 1833 - 440 pages
...thereupon such finding shall be stated on such record or document, and, notwithstanding the finding on the issue joined, the said court, or the court from which...defence, give judgment according to the very right and justice of the case. XXV. And be it further enacted, that it shall be lawful for the Power to state...
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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
...thereupon such finding shall be stated on such record or document, and, notwithstanding the finding on the issue joined, the said court, or the court from which...defence, give judgment according to the very right and justice of the case. rower to XXV. And be it further enacted, That it shall be lawstate a spe-...
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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
...thereupon such finding shall be stated on such record or document, and, notwithstanding the finding on the issue joined, the said court or the court from which...defence, give judgment according to the very right and justice of the case. XXV. And be it further enacted, That it Power to shall be lawful for the parties...
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A Collection of Statutes Connected with the General ..., Volume 9; Volume 1225

Great Britain - Law - 1836 - 756 pages
...thereupon such finding shall be stated on such record or document, and, notwithstanding the finding on the issue joined, the said court or the court from which...defence, give judgment according to the very right and justice of the case (3). (1) Where a general warranty of the soundness of a horse, was declared...
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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
...thereupon such finding shall be stated on such record or " document, and notwithstanding the finding on the issue joined, the said " court, or the court from...mis-statement such as could not have prejudiced the oppo" site party in the conduct of the action or defence, give judgment " according to the very right...
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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
...thereupon such finding shall be stated on such record or document, and, notwithstanding the finding on the issue joined, the said Court or the Court from which the record has issued shall, if they sh.ill think the said variance immaterial to the merits of the case, and the mis-statement such as...
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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
...to the merits of the case, " and the mis-statement such as could not have prejudiced the oppo" site party in the conduct of the action or defence, give judgment "according to the very right and justice of the case." On this latter clause, when-, in an action against the sheriff, for allowing...
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An Abridgment of the Law of Nisi Prius, Volume 2

Patrick Brady Leigh - Nisi prius - 1838 - 774 pages
...thereupon such finding shall be slated on such record or document, and, notwithstanding the finding on the issue joined, the said court, or the court from which...defence, give judgment according to the very right and justice of the case." In order to entitle a party to have judgment entered for him • John e....
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A Treatise on the Law of Evidence, Part 2

Samuel March Phillipps - Evidence (Law) - 1838 - 586 pages
...thereupon such finding shall be stated on such record or document, and, notwithstanding the finding on the issue joined, the said Court or the Court from which...defence, give judgment according to the very right and justice of the case." In considering the latitude of amendment that may be permitted under the...
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Commentaries on the Constitution and Laws of England: Incorporated with the ...

Thomas George Western, Jean Louis de Lolme - Constitutional law - 1838 - 628 pages
...thereupon such finding shall be stated on such record or document, and, notwithstanding the finding on the issue joined, the said court, or the court from which...defence, give judgment according to the very right and justice of the case. XXV. And be it further enacted, That it shall be lawful for the parties in...
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