Bandman v. Gamble
4 E.D. Smith 463
| New York Court of Common Pleas | 1855|
Check TreatmentBy 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.
