Supreme Court of the United States February 27, 1817 (Duvall v. Craig)

Mr. Justice Story

delivered the opinion of the court.

Several points have been argued in this case, upon which the opinion of the court will be now pronounced. In the first place, it is stated, that a material variance exists between the writ and declaration, of which (being shown upon oyer) the court, upon a general demurrer to the declaration, are bound to take notice; and if so, it is fatal to