Swinney v. Burnside & Co.

IVIr. Chief Justice Efglish

delivered the opinion of the Court.

Burnside & Co, brought an action of debt in the Scott Circuit Court, against Swinney and Tumlinson, on a promissory note. The defendants craved oyer of the note sued on, which was granted, the record states, by filing the original; and they demurred to the declaration : the court overruled the demurrer, and they permitted final judgment to be rendered thereon, and appealed to this court.

One of the causes assigned for the demurrer, is an alleged variance between the note declared on, and that granted on oyer, in this, that the…