12.08.090  <<  12.08.100 >>   12.08.110

PDFRCW 12.08.100

Variance between pleading and proof.

A variance between the proof on the trial, and the allegations in a pleading, shall be disregarded as immaterial, unless the court be satisfied that the adverse party has been misled to his or her prejudice thereby.
[ 2010 c 8 s 3023; Code 1881 s 1765; 1873 p 346 s 64; 1854 p 232 s 52; RRS s 1787.]