Smith v. Meyer

In our original opinion we held that, on confirmation of default, evidence may have been introduced without objection which enlarged the pleadings; and that, as such evidence did not appear in the record, we were not in a position to determine to what extent it supplied the defects in the pleadings at which the exception of no cause of action was leveled.

After further consideration, we have concluded that we were in error in so holding. Pleadings are not enlarged by the introduction of proof, unobjected to, on confirmation of default. The well-established rule that evidence which is…