Kroll v. Estate of Ten Eyck

Kroll brought a claim before commissioners who disallowed it, and he appealed. In order to give it a more formal shape he filed a declaration, but-counsel for the estate objected that the declaration made a different case from that determined by the commissioners. The question is practically unimportant, because the original form was produced and now appears in the record, and the *231controversy is fixed by it. No pleading conld change the identity of the case. Patrick v. Howard 47 Mich. 40.

• The demand alleged for certain commissions was not supported by any testimony, and there is no occasion…