Description

An account of the accidents and qualities of a thing.

Ayliffe, Pand. 60.

A written account of the state and condition of personal property, titles, papers, and the like. It is a kind of inventory, but is more particular in ascertaining the exact condition of the property, and is without any appraisement of it. In Pleading. One of the rules which regulate the law of variance is that allegations of matter of essential description should be proved as laid. It is impossible to explain with precision the meaning of these words; and the only practical mode of understanding the extent of the rule is to examine some of the leading decisions on the subject, and then to apply the reasoning or ruling contained therein to other analogous cases. With respect to criminal law, it is clearly established that the name or nature of the property stolen or damaged is matter of essential description. Thus, for example, if the or if a man is accused of stealing a drake, and it is proved to Lav.' b. en a even a duck, the va: fatal 1 Ev. § 233; Steph. Cr. Proa 177. The strict rule of pleading which formerly required exact accuracy in the description of premises sought to be recovered, has relaxed, and a genera] description b< be good. The provisions of state Btal as to the description of the and bounds have been held to be only tory, and a description by name i property is well known is often Glacier Mountain Silver Min. Co. v. Willis.

127 U. S. 480, 8 Sup. Ct. 1217, 32 L. Ed. 171'.

See Boi.MiAUY.