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The People, on the relation of S. B. Jewett v. Monroe Common Pleas
By the Court,
Marcy, J.
The common pleas decided correctly. There was no such judgment as was recited in the bond. Had the day of the rendition of the judgment been omitted, there would have been no variance, and the bond would have been good, as was held in 2 Wendell, 292; but being inserted, it becomes material; and a wrong or false date being given, the objection to the bond was fatal.
Motion denied.