Mr. Justice Higbee
delivered the opinion of the court.
4. Pleading, § 3*—when plea denying joint liability is essential. A plea denying joint liability is requisite to entitle parties to defend on the ground of not being jointly liable. 5. Appeal and error, § 1240*—when party may not complain of variance. If a party defendant induces the court to declare to the jury the rules of law applicable to the state of facts disclosed by the evidence, and to direct them to return a verdict in accordance with his legal rights under such state of facts, he cannot complain that the facts proven were not within the scope of the allegations of the declaration. Free access — add to your briefcase to read the full text and ask questions with AI