Supreme Court of Virginia July 19, 1852 (Friend v. Woods)

Daniel J.

delivered the opinion of the court.

The court does not deem it necessary to express any opinion on the question, raised at the bar by the counsel of the defendant in error, whether upon the supposition of the existence of the alleged variance between the record vouched in the declaration and that exhibited in reply to the oyer the proper mode of taking advantage of such variance was not