
    Francis M’Connell vs. Thomas Read.
    To show a variance between the obligation declared on, and the one produced ou the trial, oyer thereof must be craved.
    The court will not notice the clerk’s recital of a note, not madeapart of there-cordby the pleadings.
    This was an action of debt, in the county court, on an obligation as set out in the declaration, for one hundred and twenty-five dollars, without reciting any other matter*, 
      to which a demurrer was filed, and cause shown, that the action should have been covenant, and not debt.
    Oyer was not craved of the obligation sued upon; it was, therefore, not made a part of the record.
    
    The demurrer was overruled, and judgment for the plaintiff. An appeal, in the nature of a writ of error, was taken to the circuit court, where the judgment of the county court was affirmed, and the cause is brought to this court.
    
      
       The clerk recites an obligation for $125, conditioned to be discharged i» cptton, which, he says, was filed with the papers in the cause.
    
   Per Curiam.

To show a variance, between the note or obligation declared on, and the one said to be produced, oyer should have been craved, the instrument set out, and thereby made a part of the record. The court will not notice the clerk’s recital of an obligation, not made a part of the record by the pleadings. The justice of the case is attained, therefore affirm the judgment.

Judgment affirmed,  