Stephenson v. Roper

The judgment in this case was taken by default, the defendant having been regularly served with process. It is admitted that the judgment is regular, unless we look to the indorsement on the writ, by which it appears that the suit was commenced on a lost note. ’

In the case of Wharton v. Franks, [9 Porter, 232,] we held that a variance between the endorsement on the writ and the declaration, could not be pleaded in abatement; and in the case of Williams v. Powell, [same book, 493] that the indorsement on the writ cannot be referred to for the purpose of reversing a judgment. These decisions…