
    John Robinson, survivor, v. Obadiah Cornwell.
    Pleading to the merits is a waiver of variance between the writ and declaration : The proper mode of taking advantage of such variance is by-demurrer. vide Young v. Grey, 1M’C.211.
    The words “ Survivor,” or “ and Company,” following the plaintiff’s name, may be rejected as surplusage, if the declaration make out a cause of action in the plaintiff himself, vide McCool a. McCluny, Harp. 486.
   Per Curiam.

Confirming the decision of Mr. Justice O’Neall, refusing nonsuit, at Chester, August Term, 1830.  