
    Governor &c. vs. Porter’s Executors et al.
    
    When the declaration alleges that a bond was executed in the penalty of $5000, and the bond set out upon oyer, shows no penalty, but is blank, as to the amount: Held, to be fatal upon demurrer.
    A demurrer brings under review the whole of the proceedings, and reaches the first substantial fault.
   Green, J.

delivered the opinion of the court.

The defendants pleaded several pleas to the plaintiffs’ action, to which a demurrer was filed. This demurrer brings under review the whole of the pleadings, and reaches the first substantial fault. 1 Cliitty, on Plead. 580: 3 Cranch’s Reports, 229. Without stopping to notice other defects in the declaration, it is enough to observe, that it alleges that the defendants, together with others who are not sued, executed their writing obligatory to the Governor, in the sum of five thousand dollars, &c.

The bond set out on oyer, is not for any sum; but instead of five thousand dollars, as alleged in the decía-ration the bond is blank.

This is not only a fatal variance, but renders it too uncertain upon which to maintain an action. '

Let the judgment be affirmed.

Judgment affirmed.  