A. Coolot Co. v. L. Kahner & Co.

Citations

• 140 F. 836
• 72 C.C.A. 248
• 1905 U.S. App. LEXIS 3963

Syllabus

<p>1. Judgment — Action on — Complaint.</p> <p>In an action on a judgment of a state court of record alleged to be in full force and effect, it is not necessary that the complaint should allege that no appeal' from the judgment has ever been taken, nor that the time for appeal has expired.</p> <p>[Ed. Note. — For cases in point, see vol. 30, Cent. Dig. Judgment, § 1740.]</p> <p>2. Appeal — Review—Amendments Regarded as Made.</p> <p>Where the evidence received • without objection supports the verdict, the pleadings, if defective, will be presumed by an appellate court to have been amended to conform to the proof.</p> <p>[Ed. Note. — For cases in point, see vol. 3, Cent. Dig. Appeal and Error, § 3622.]</p>