New York Supreme Court, 1812

Page v. Woods

New York Supreme Court · Decided January 15, 1812

9 Johns. 82

Counsel

Skinner, for the plaintiff in error, contended that the variance Was immaterial, and cited 8 Johns. Rep. 455. 1 Wits. Rep. 155. 2 Saund. 101. 5 Johns. Rep. 98., Crary, contra, insisted that the averment was material; and even if it was not material, that haying been made, it ought to have been proved, and that the variance was therefore fatal. He cited 3 Wm. Bl. 1001. 3 Bos. <?• Pull, 456. 2 East, 452.

Opinion of the Court

Per Curiam,

The variance was immaterial. No other place than Salem is mentioned in the record. The place of holding the court is fixed by public statute, and it must be known to have been at Salem. The judgment ought to be reversed.

Judgment of reversal. (a)

Van Ness, J. was absent from indisposition.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.