W. A. Fraser Co. v. Chicago, Burlington & Quincy Railroad ( 1914 )

Mr. Presiding "Justice Fitch

delivered the opinion of the court.

3. Municipal Court op Chicago, § 13^*—when proof is limited to claim made by plaintiff’s statement. In the Municipal Court, where formal pleadings are not required, the name given to the action by the plaintiff is not necessarily decisive of the right to recover, but he is limited in his evidence to the claim he has made. He cannot make one claim in his statement and recover upon proof of another, without amendment.