
    Jones, governor, vs. Simmons.
    The plaintiff declared apon a Constable’s bond, and made proferí of the original. On Oyer craved, he produced a copy, and the defendant demurred for a variance: Held, that the demurrer was sustainable. The fact, that during the argument of the demurrer the original was brought into court, would make no difference.
    This action of covenant was instituted in the Circuit Court of Wayne county, and judgment was rendered (Totten, Judge, presiding,) on demurrer in favor of the defendant, from which the plaintiff appealed.
    
      Rose, for the plaintiff.
    
      Goode and Jones, for the defendant.
   Reese, J.

delivered the opinion of the court.

This is an action of covenant upon a Constable’s bond. The defendant craved Oyer of the bond and condition and set them out; from which it appears, that the suit was brought upon a copy of the official bond, although the declaration and profert describe it as the original bond. For this reason the defendant demurred, and the court sustained the demurrer.

This was proper. A bill of exceptions shows, that during the argument of the demurrer, the original bond was brought into court. That circumstance would make no difference.

There was no motion made by the plaintiff to amend the pleadings.

The judgment of the Circuit Court must be affirmed.  