
    J. STUART McALEER, Respondent, v. WARREN H. CORNING, et al., Appellants.
    
      Mew trial—motion for stating no grounds, raises no question on appeal.— Amendment at trial—as to time of employment.
    
    Before Sedgwick, Ch. J., Truax and Ingraham, JJ.
    
      Decided June 2, 1883.
    Appeal from a judgment and from an order denying a motion for a new trial.
    Action for breach of contract of employment.
    The court at General Term, said: “ The motion for a new trial on the minutes was general and did not call the attention of the court to any point as a basis of the motion, and, therefore, it raises no question upon' appeal. The grounds of the motion should have been stated (Gray •». N. Y. Floating EL Co., 13 W. D. 140 ; Be Luce v. Kelly, 5 Id. 32).” ' •
    The complaint alleged an employment made on or about April 30. It was amended to read April 8, to conform to the facts proved.
    The court at General Term, said: “The amendment made by the court on the trial does not furnish grounds for reversing the judgment. • The variance was not material (Hovey v. Am. Mut. Ins. Co., 2 Duet, 554).”
    
      W. M. Safford, for appellants.
    
      J. H. Mapes, for respondent.
   Opinion Per Curiam.

Judgment and order affirmed with costs to respondent, without prejudice to motion for new trial at special term, on the facts.  