8 Tenn. 554
Decided July 1, 1827
Tennessee Supreme Court · decided 1827-07-01
To show a variance between the obligation declared on and the one produced on the trial, oyer thereof must be craved, the instrument set out, and thereby made part of the record. The Court will not notice the clerk’s recitab'of a note not made a part of the record by the pleadings. [Ace. Anderson ».
Decided 1827-07-01
¶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.