Green v. Foley
3 Stew. 239
Ala.
1830
Check Treatment
By LIPSCOMB, Chief Justice.

We are of Opinion under the circumstances of this case, that the failure of the Clerk to describe Foley, the plaintiff below, as administrator, is not such a variance as will be fatal. We therefore overrule the motion to dismiss, and the cause must be heard on the errors assigned.

Motion discharged.