Case No. 6,170.
HARTSHORNE et al. v. INGLE.
[1 Cranch, C. C. 91.]1
Circuit Court, District of Columbia.
April Term, 1802.
VARIANCE—PLEA IN ABATEMENT—OFFICE JUDGMENT.
Variance between the capias and declaration cannot be pleaded to set aside an office judgment.
[This was a suit by Hartshorne and Sons against Ingle.] The declaration was in debt upon an award. The capias was in case. There had been an office judgment and writ of inquiry; to set aside which E. J. Lee for defendant, offered to plead a variance between the writ and declaration, in abatement But THE COURT refused.
1 [Reported by Hon. William Cranch, Chief Jedge.]
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