
    Fleming, Executor, against Tyler.
    
    An executor plaintiff, who was nonsuited for a variance between the declaration and the writing declared upon, was held not liable for the costs.
    
      
       S. C., C. O. 66.
    
   The plaintiff was nonsuited on the trial of the cause, and on showing cause why he should not pay costs, it appeared that the date of the writing on which the suit was brought, was, through mistake, wrongly copied in the declaration, and the nonsuit was granted on account of the variance; and The Court refused to make the rule absolute. 
      
       Graham’s Prac. 2d edit. 737, ei seq.
      
     