6 Ga. 456 | Ga. | 1849
Per Curiam.
delivering the opinion.
In the descriptive part of the bill, and also of the writ of error, Cunningham is stated to have been a party to the cause below. The record shows that he had been a party, but had been dismissed by order of .the Court. He was not a party when the cause was tried below. In the writ of error, and in the citation, he is not made a party — the only parties are Mitchell, Smith arid Shorter. In this the pleadings all agree; the variance is immaterial, and the pleadings might be amended so as to conform literally, if necessary.