Rowland v. Madden

After full argument on rehearing,, we see no reason to depart from the conclusion heretofore reached in this case. Appellant complains that the judgment heretofore rendered by this court rests too-largely upon technical grounds. We are disposed to-look through technical difficulties, and mere questions of pleading and practice, to the real legal merits of a case,, when we can do so without violating well-settled principles; but the rule that the proofs must correspond to the averments is too grave to be totally disregarded. Appellant’s real cause of action, if he has any, lies in the *18alleged…