
    APRIL TERM, 1799.
    Fleming, Executor, v. Tiler.
   THE Plaintiff fhews as Caufe againfl a Rule why he ftiould not pay Coils, he having been non-fuited on the Trial at the Circuit, that the Writing on which the Suit was brought was dated in feventy, See. and, through Mi flake in copying, the Date in the Declaration, as entered on the Nifi Prius Roll, was ninety, See. and that for this Variance the Defendant had obtained the Non-fuit againfl him.

Rule difeharged.  