25-31-523. Variance. A variance between the proof on the trial and the allegations in pleading must be disregarded as immaterial unless the court is satisfied that the adverse party has been misled to the party's prejudice by the variance.

     History: En. Sec. 591, p. 159, Bannack Stat.; re-en. Sec. 697, p. 176, Cod. Stat. 1871; re-en. Sec. 757, 1st Div. Rev. Stat. 1879; re-en. Sec. 777, 1st Div. Comp. Stat. 1887; re-en. Sec. 1533, C. Civ. Proc. 1895; re-en. Sec. 7018, Rev. C. 1907; re-en. Sec. 9651, R.C.M. 1921; re-en. Sec. 9651, R.C.M. 1935; R.C.M. 1947, 93-6814; amd. Sec. 498, Ch. 56, L. 2009.