4 Wend. 207
Decided May 15, 1830
New York Supreme Court · decided 1830-05-15
Trial by record. The declaration was in debt on recognizance of bail, setting forth a judgment against the principal for #98,90. The defendant pleaded nul tiel record as to the judgment. The record produced was for #98,96. The defendant insisted upon the variance.
Cited by 3 later decisions — most recently July 1856
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1830-05-15
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¶1By the Court,
¶2The variance is fatal, the defendant having put the judgment in issue by his plea of nul tiel record. Had the judgment been mere matter of inducement, the variance might have been disregarded ; but in this case it cannot be overlooked. It cannot be cured by a remititur; for that must be before judgment. (Strange, 1170. 4 T. R. 560.) The defendant is entitled to judgment.