Dauchy v. Smith

1 Kirby 106

Opinion

By the whole Court.

Eor aught that appears from the declaration, a good and sufficient bond is declared upon, and well described; and if the defendants would avail themselves of any variance "between the bond declared upon and that shown upon oyer, they should have taken advantage of it by plea in abatement, or demurrer to the evidence; the declaration, therefore, adjudged sufficient.

Note.— This adjudication is opposed to the English practice. See 2 Wilson’s Reports, 339, Turner v. Vaughan.