In a notice of a motion to be made on a forthcoming bond the bond is described by mistake as executed by John when it was in fact executed by George M. Cooke: held, variance material, and notice insufficient.

This court held the variance material and fatal, and reversed the judgment of the circuit court.

He was absent during the whole of' this term, being a member of the convention, (which sat from the first Monday in October 1829, till the 15th January 1830) and constantly attending his duty there.