Legal Opinion
Bibbins v. Noxon
New York Supreme Court
Decided May 15, 1830PublishedCited by 6 opinions
Trial by record. The declaration was in debt on recognizance of bail, setting forth a judgment against the principal for #98,90. The defendant pleaded nul tiel record as to the judgment. The record produced was for #98,96. The defendant insisted upon the variance.
1Opinion of the Court
By the Court,
Sutherland, J.
The variance is fatal, the defendant having put the judgment in issue by his plea of nul tiel record. Had the judgment been mere matter of inducement, the variance might have been disregarded ; but in this case it cannot be overlooked. It cannot be cured by a remititur; for that must be before judgment. (Strange, 1170. 4 T. R. 560.) The defendant is entitled to judgment.
2Cited by6 opinions
- Douglass v. GarrettWisconsin Supreme Court · 1856
- Gooding v. HingstonMichigan Supreme Court · 1870
- Blakey v. SaundersSupreme Court of Missouri · 1846
- Griffin v. GanawaySupreme Court of Alabama · 1844
- Pierce v. Van DykeNew York Supreme Court · 1844
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