Farley v. Harvey

Suit by Harvey against the appellant upon a promissory note. Trial; finding and judgment for the plaintiff.

The counsel for the appellant, in his brief, says that “the appellant, in bringing this case to the Supreme Court, desires to test the question of variance; to determine whether the widest departure, and the most unlimited variance between the complaint, pleadings, and proof, is of any avail under our present statute and practice.”

Such being his object, he has been a little unfortunate in selecting a case in which no variance whatever is shown to exist; hence, those questions cannot be…