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W. H. BELL v. J. E. KNOWLES and W. H. COWPER

         The evidence was admitted without objection, and it is too late to raise the point that the proof did not correspond with the complaint.

         OPINION          By the Court:

         1. The objection to the admissibility of certain evidence, now made here for the first time, cannot prevail. Had it been made and insisted upon at the trial, which it was not, an amendment of the complaint would, no doubt, have been directed.

         2. Upon the issues determined by the judgment the evidence is of such a character that we will not disturb the judgment.

         3. There is nothing in the point as to the rate of interest named in the judgment.

         Judgment and order affirmed.

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Bell v. Knowles
(Jan 1, 1873)