Fenner v. Crips Bros.

It is sometimes difficult, because of tbe obscurity in tbe language employed, to determine precisely wbat issues are presented in tbe petition or raised by.tbe answer. These only should be submitted to tbe jury. But, as tbe parties by amendment may introduce- new isses or make certain those intended, their interpretation of tbe pleadings, when clearly manifested, is uniformly adopted by tbe courts. Thus, permitting tbe introduction of evidence on an issue not specificially pleaded, without objection, obviates tbe necessity of its formal presentation. This is put on the ground of waiver by…