
    Evans v. Smith.
    April Term, 1792.
    Pleading and Practice — Declaration—Variance—When Immaterial.'' — It is not a material variance to omit to state in the declaration the words “of the County of Essex,” the place of the obligor’s residence, which is stated in the bond.
    
      
      Bonds. — See monographic note on “Bonds” appended to Ward v. Churn, 18 Gratt. 80i.
    
   This was an action of debt, upon a bond brought by the appellee, in the District Court of King and Queen. A conditional judgment ■ was obtained at rules; and set aside in Court, the defendant pleading payment. An objection was taken, at the trial, to the giving of the bond in evidence, on account of a variance between it and the declaration in this, that the defendants are in the bond said to be “of the County of Essex” which is omitted in the declaration; the objection being over-ruled by the court¡ the defendants excepted and appealed to this court where the judgment below was affirmed.  