Appellate Court of Illinois December 13, 1916, Gen. No. 21,507 (Cole v. E. E. Fulton Co.)

Mr. Presiding Justice O’Connor

delivered the opinion of the court.

3. Aepeai and error, § 1679*—where variance between summons and statement of claim is waived. Where it was contended on appeal by a defendant that its motion in arrest of judgment should have been sustained for the reason that there was a variance between the summons, naming as defendant certain individuals doing business as a