8 Tenn. 224
Decided March 15, 1827
Tennessee Supreme Court · decided 1827-03-15
This was an action of debt, in the county court, on an obligation as set out in the declaration, for one hundred and twenty-five dollars, without reciting any other matter*, to which a demurrer was filed, and cause shown, that the action should have been covenant, and not debt. Oyer was not craved of the obligation sued upon; it was, therefore, not made a part of the record.* The demurrer was overruled, and judgment for the plaintiff.
Decided 1827-03-15
¶1To show a variance, between the note or obligation declared on, and the one said to be produced, oyer should have been craved, the instrument set out, and thereby made a part of the record. The court will not notice the clerk’s recital of an obligation, not made a part of the record by the pleadings. The justice of the case is attained, therefore affirm the judgment.
¶2Judgment affirmed,