Sproul v. Reed

Opinion by

Judge Hines :

The only question is as to whether there is a fatal variance between the allegation of the slander in the petition and the proof adduced on the trial. .

The only actionable words in the petition are: “Dr. Sproul signed my name and the name of Richard M. Coulter to a note to Dr. Flanagan for the sum of two hundred dollars. I never saw the note. He signed it without my authority and without the authority of Coulter.” The words proved as stated in the bill of evidence are: *842“Reed said he had never seen or signed such note, and if Flanagan held such nóte with his name to it…