Bailey v. Gatewood

Citations

• 68 Kan. 231
• 74 P. 1117
• 1904 Kan. LEXIS 92

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Departure. A departure between pleadings and proof is not disclosed merely because the proof of essential allegations is not extended to cover unnecessary aver-ments made in connection with them.</p> <p>2. -Instruction Conclusive. When no exception is taken to an instruction to the jury it is conclusive upon the subject to which it relates.</p>