Riley v. Jarvis

*50Ok REHEARING.

Brannon, Judge:

The eourt-’s action on the demurrer, struck from the declaration every hit of its matter which could warrant the admission of the evidence on which alone the verdict c.au rest. A case was proven utterly without any pleading, in violation of the rule universally accepted, that there must, he both allega,in and probata, and there can not he judgment on one of them alone. A party cannot he summoned into court to answer one cause of action, and then be surprised by having- a totally different one proven against him: That is just what was done in this case. At one term…