Suit on a note, payable one day after date; dated loth of February, 1862. It is described in the complaint as payable on the 16th of February, 1862; but a copy of the note was filed with said compláint, and it was given in evidence on the trial, over the objections of the defendant that it varied from that described in the complaint.

~We see no error in this ruling.

The judgment is affirmed, with 5 per cent, damages and costs.