Fonville v. Monroe

The point is urged that the name of Charles D. Eeed appears in the summons, as one of the plaintiffs, but not in the declaration, and because of the omission it is insisted it was error to enter judgment in Ms favor, with the other plaintiffs. Objections of this character cannot be taken for the first time in this court. Variances between the writ and declaration are matters pleadable in abatement. Ro attempt was made to avail of the error in the court below. This not having been done, the alleged variances, if any exist, cannot now be assigned for error. Reed was a plaintiff in the suit, and…