Court of Appeals of Kentucky, 1806

Hanks v. Evans

Hanks v. Evans
Court of Appeals of Kentucky · Decided April 29, 1806
3 Ky. 45
Hanks v. Evans

Opinion of the Court

By the Court.

/The court below erred in deciding the variance between the declaration and the testimony to be fatal; the variance being only as to part of the plaintiff’s demand.

That court also erred in directing a verdict to be rendered for the defendant as in case of a non-suit; because, on executing a writ of inquiry, some damages, less f r more, must be found.

Judgment reversed.

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