4 Wend. 568 | N.Y. Sup. Ct. | 1830
By the Court,
If the most trivial mistakes of a justice in making out an execution were to be adjudged fatal on the ground of variance, parties who act in good faith on the presumption that the justice has done in a proper manner what it was his duty to do, would be in a much worse condition than they would be if the proceedings wete.
Judgment reversed, and venire de novo.