M'Connell v. Read

8 Tenn. 554

Opinion

Per Ouriam.

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.