Irby v. Phillips

Citations

• 40 Wash. 618
• 82 P. 931
• 1905 Wash. LEXIS 1036

Syllabus

<p>Appeal — Review—Verdict. The verdict of a jury upon conflicting evidence which is sufficient to support the judgment will not be disturbed on appeal.</p> <p>Pleading and Proof — Variance—Amendments Considered Made. Where the entire controversy was before the court and jury, and there was no claim that appellant was misled or perjudiced, a variance between the pleading and proof going only to the amount of the recovery, is immaterial, and necessary amendments will be considered as made.</p>