St. Clair County Benevolent Society v. Fietsam
Appellate Court of Illinois
1Per curiam
It is urged there is a variance between one of the policies of insurance admitted in evidence and that set out in the first count of the declaration. The bill of exceptions shows that when it was offered in evidence “ the defendant objected to the reading of said instrument in evidence because there was a variance between it and the one declared on.” This objection "was altogether too general; the alleged variance should have been specifically pointed out. The court was under no obligation to stop the trial and critically compare the instrument with the several counts in order to ascertain…
2Cases cited1 opinion
- Donlin v. DaeglingIllinois Supreme Court · 1875