Cronly v. Brown
12 Wend. 271 | N.Y. Sup. Ct. | 1835
By the Court,
A variance between the writ and declaration is now pleadable in abatement; such variance could in no case be pleaded without craving oyer of the writ, in respect to which the practice is settled that the defendant cannot have such oyer. 1 Chitty’s Pl. 438, 9, and the cases, there cited.
Motion granted.