Variance between pleading and proof.

A variance between the proof on the trial, and the allegations in a pleading, shall be disregarded as immaterial, unless the court be satisfied that the adverse party has been misled to his or her prejudice thereby.

[2010 c 8 § 3023; Code 1881 § 1765; 1873 p 346 § 64; 1854 p 232 § 52; RRS § 1787.]