A. Y. McDonald Mfg. Co. v. 303 Henderson Corp.

Full title: A. Y. McDonald Manufacturing Company, Appellee, v. 303 Henderson…

Court: Appellate Court of Illinois

Date published: Apr 28, 1943

319 Ill. App. 368 (Ill. App. Ct. 1943)

48 N.E.2d 801

Opinion

Gen. No. 9,860. (Abstract of Decision.)

Opinion filed April 28, 1943 Rehearing denied June 23, 1943

APPEAL AND ERROR, § 888^_ — objection to evidence on ground of variance, waiver. A variance cannot be raised for first time in Appellate Court, but must be called to attention of trial court, and where party fails to object to evidence when offered, on ground of variance, and fails to point out such variance to trial court, objection is waived.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Stephenson county; Hon. GEORGE C. DIXON, presiding.

Judgment affirmed. Heard in this court at February term, 1943.

Mayer, Altheimer Kabaker and Hunter Hunter, for appellant;

Ascher Ellis, for appellee.

Opinion by JUSTICE WOLFE.

"Not to be published in full." Opinion filed April 28, 1943; rehearing denied June 23, 1943.