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; 19 Johns. (N. Y.) 49; 5 Taunt. 707; 2 Barn. & A. 301; 8 Miss. 428; 2 Mc- Lean (U. S.) 69; 1 Mete. (Mass.) 59; 21 Pick. (Mass.) 486. DISCRETIO EST DISCERNERE PER legem quid sit Justum. Discretion Is to discern through law what is just. 5 Coke, 99, 100; 10 Coke, 140; Broom, Leg. Max. (3d London Ed.) p. 81; Coke, 4th Inst. 41; 1 W. Bl. 152; 1 Burrows, 570; 3 Bulst. 128; 6 Q. B. 700. DISCRETIO EST SCIRE PER LEGEiVI quid sit justum. Discretion consists In

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.

A difference between two things which ought to be identical, as between one writing and another; a variance, (q: B.) Diseretio est discernere per legem quid sit justum. 10 Coke, 140. Discretion is to know through law what is just.