
    Case No. 6,170.
    HARTSHORNE et al. v. INGLE.
    [1 Cranch, C. C. 91.] 
    
    Circuit Court, District of Columbia.
    April Term, 1802.
    Variance — Plea in Abatement — Office Judgment.
    Variance between the capias and declaration cannot be pleaded to set aside an office judgment.
    
      
       [Reported by Hon. William Cranch, Chief Judge.)
    
   [This was a suit by Hartshorne and Sons against Ingle.) The declaration was in debt upon an award. The capias was in case. There had been an office judgment and writ of inquiry; to set aside which E. J. Lee, for defendant, offered to plead a variance between the writ and declaration, in abatement. But THE COURT refused.  