Allegata Probata Allegation
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... the evidence whether it supports the allegation of the lesser included offense. If the allegata annd probata are present then there should be a charge on the l...
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Judgment reversed. Gardner, P. J., and Townsend, J., concur.
..., based on the single ground that the allegata and probata were not in accord by the failure of t... the place where it is committed, the allegation of place is material; and variance between the all...
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... affirmative, and must make out the allegations of his libel, .. It is also a matter of every-day ... to file new allegations and proofs; 'non allegata allegare et non probata probare.' There is a restr...
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... as heirs, and not as devisees; and the allegata et probata must correspond. . Messrs French and U.... The allegations of the bill are, without exception, sustained by t...
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... traditional New York law relative to allegations which must be set forth in complaints seeking dama... notice pleading, the old requirement of allegata et probata ought not to be sloughed off and plaint...
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... the city; and that the complainants' allegation of the validity of the tax title was simply a pret...They can recover only secundum allegata et probata; and, if that title be invalid, there i...
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Judgments affirmed. All the Justices concur.
... produce any evidence to support this allegation. However, value is not an element of the crime of ...Thus, there was no variance between the allegata and probata. Moreover, the indictment here did not...
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... 1. The allegata and probata do not agree. The gist of the declarat...Under the allegations the purchase was made as much by Lincoln as Mileha...
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... in the Claimants and to negative the allegation of title in the enemy at the time of capture. Thos... the party can only recover secundum allegata et probata; and if no count hit the precise case, ...
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... to be addressed, although there was no allegation to that effect in the information. . It is also o... civil law that a decree must be secundum allegata as well as secundum probata. It would seem to be a...