Bell v. Knowles
Synopsis
Variance Between Complaint and Proof.—An objection that there is a variance between the evidence and the cause of action stated in the complaint, cannot be made for the first time on motion for new trial, or in the Supreme Court.
Interest on Judgments.—The Act of 1870 concerning interest (Laws 1870, p. 699), allows interest on all money judgments.
Amendment to Complaint.—When it appears on the trial that there is a variance between the proof and the complaint, and an objection to the evidence on that ground is made by the defendant, the Court will, if an application is made, allow the complaint to be amended.
By the Court: 1. The objection to the admissibility of certain evidence, now made here for the first time, cannot prevail. Had it been made and insisted upon at the trial, which it was not, [195]an amendment of the complaint would, no doubt, have been directed.
2. Upon the issues determined by the judgment the evidence is of such a character that we will not disturb the judgment.
3. There is nothing in the point as to the rate of interest named in the judgment. '
Judgment and order affirmed.
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