Sumners v. Tice

This was ah action of debt on a writing obligatory, with a condition. To the declaration there was a general demurrer; the demurrer was overruled and judgment thereon, and, under the statute, a writ of inquiry awarded. The writ of inquiry was executed at the same term it was directed. It is objected to the judgment that this is error. The Court is of opinion that the writ of inquiry was properly executed..The next objection is, that there is a variance between the writing declared on and the oyer given, with respect to the date.

There was no oyer craved, and the only evidence of oyer on record…