Bandman v. Gamble
4 E.D. Smith 463
This text of 4 E.D. Smith 463 (Bandman v. Gamble) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Bandman v. Gamble, 4 E.D. Smith 463 (N.Y. Super. Ct. 1855).
Opinion
By the Court.
It was too late, after an answer to the merits, to object that there was a variance between the summons and the complaint. That variance was a matter to be urged as ground of objection to the complaint, (as an abatement of the court,) and such matters are waived by pleading to the merits.
Judgment affirmed.
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Bluebook (online)
4 E.D. Smith 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bandman-v-gamble-nyctcompl-1855.