M'Connell v. Read

8 Tenn. 224

Opinion

Per Curiam.

To show a variance, between the note or obligation declared on, and the one said to be produced, oyer should have been craved, the instrument set out, and thereby made a part of the record. The court will not notice the clerk’s recital of an obligation, not made a part of the record by the pleadings. The justice of the case is attained, therefore affirm the judgment.

Judgment affirmed,