MALOY v. MALOY

MALOY v. MALOY
1927 OK 243
258 P. 758
126 Okla. 120
Case Number: 17221
Decided: 08/02/1927
Supreme Court of Oklahoma

MALOY
v.
MALOY.

Syllabus

¶0 1. Appeal and Error--Sufficiency of Evidence--Review in Equity Case. In an equity action this court will weigh the evidence, but will not reverse the judgment of the trial court unless it is clearly against the weight thereof.
2. Appeal and Error--Amendments Regarded as Made. The amendment of a plea wh ought to have been allowed, if leave to make it had been asked in the trial court to conform it to the evidence adduced, without objection or by the adverse party, will be regarded in this court as having been made.

Wright & Gill, for plaintiff in error.
White, Nichols & Harris, for defendant in error.

RILEY, J.