First National Bank v. Stephenson

GARRETT, Presiding Judge,

Section B.—This was an action on debt. An attachment was sued out and levied on property; but the only question before this court is whether or not there was a material variance between the note declared on in the allegation in the petition, “that on or about the 11th day of October, 1888, the defendant made, executed, and delivered his certain promissory in writing,” etc., and the note offered in evidence by the plaintiff, dated October 12, 1888. In every other respect the note was correctly described. On objection by the defendant on the ground of variance the note…