Bandman v. Gamble

4 E.D. Smith 463

Opinion

By the Court.

Woodruff, J.

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.