Haberly v. Farmers' Mutual Fire Relief Ass'n

Petition for rehearing denied December 30, 1930

On Petition foe Reheaeing

(294 P. 594)

KELLY, J.

In a petition for rehearing we are told that, in its original decision herein, the court ‘ ‘ overlooked and disregarded the plain mandate of statutes relating to variance between pleading and proofs.” These statutes would be applicable if the questions to be decided had reference to the admissibility of testimony or the adequacy of proof. No such questions are presented here. To examine the records of a ease for the purpose of determining such questions, where no objections nor exceptions are taken in…