Majority
p. 172Horace Dresser vs. Jeremiah Smith, Jr.
Headnote
A variation of the month, in a copy of a note, in declaration filed and served in the suit, the original being March and the copy May, held to be an immaterial variation, and will be disregarded on the trial. A motion to amend is unnecessary.Motion by plaintiff for leave to amend his bill of particulars in this cause.—This was an action of assumpsit upon a promissory note as the plaintiff’s bill of particulars and only cause of action ; the copy note in the declaration filed and in the one served was dated “ May 5, 1844.” whereas the true date in the original note, was “ March 5, 1844. The cause was twice on the calendar and three times noticed for trial.
p. 173
H. Dresser, Counsel in pro. per. H. Dresser, Atty in pro. per.
Wm. Norton, Lefts Counsel. Wm. Norton, Lefts Atty.
This motion seems entirely unnecessary, the variance is immaterial, and would be disregarded on the trial. The counsel can withdraw his motion on payment of $7 costs of opposing if he prefers to do so.
The motion was withdrawn on the terms mentioned.