5 U.S. 282
1 Cranch 282
2 L.Ed. 109
February Term, 1803
ERROR to the circuit court of the county of Washington, district of Columbia.
The plaintiff instituted a suit in the circuit court upon a decree of the court of Fairfax county Virginia, and in the declaration the decree was stated to have been rendered for the sum of 860. 12s. 1d. sterling, of the value of 1032. 14s. 6d. Virginia currency, equal to $3442. 52 cents.
The plaintiff gave in evidence a decree of the court of Fairfax county, in his favour, for ' 860. 12s. 1d. sterling, (to be settled in Virginia currency at the rate of twenty per cent exchange, together with interest on the same, at the rate of five per cent per annum, from the 8th day of May 1795, until the day of pronouncing the said decree, &c.'
In the arguments of counsel various exceptions to the record were stated and discussed; but no opinion was given upon any of them, but that which presented the variance between the declaration and the evidence.
[Argument of Counsel from pages 283-289 intentionally omitted]
The court considered the variance fatal; and reversed the judgment of the circuit court.
Last modified: October 1, 2009