Discrepancy

A difference between one thing and another, between one writing and another; a variance. A material discrepancy exists when there is such a difference between a thing alleged and a thing offered in evidence as to show they are not substantially the same: as, when the plaintiff in his declaration for a malicious arrest averred that "the plaintiff, in that action, did not prosecute his said suit, but therein made default," and the record was that he obtained a rule to discontinue. An immaterial discrepancy is one which does not materially affect the cause: as, where a declaration stated that a deed bore date in a certain year of our Lord, and the deed was simply dated "March 30, 1701."

2 Salk. 658; Henry v. Brown, 19 Johns. (N. Y.) 49; Wade v. Grimes, 7 How. (Miss.) 428; Drake v. Fisher, 2 Mc Lean, 69, Fed. Cas. No. 4,061; 2 B. & Aid. 301.