Opinion
The opinion
By the Court,
Sutherland, J.
A variance between the writ and declaration is now pleadable in abatement; such variance could in no case be pleaded without craving oyer of the writ, in respect to which the practice is settled that the defendant cannot have such oyer. 1 Chitty’s Pl. 438, 9, and the cases, there cited.
Motion granted.
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