Smith v. Clarke, 8 U.S. (4 Cranch) 293 (1833)

Case No. 13,028.

March Term, 1833.

Pleading at Law — Proof—Variance—Due-Bill Made-to Wife — Before Marriage— During Coverture.

A due-bill made to the wife during the cov-erture, and for a consideration accruing during the coverture, is not admissible evidence to support a declaration which avers that the due-bill was made dnm sola.

The declaration stated that the due-bill, ' which was made to the wife, was made to her dum sola. The due-bill offered in evidence was given to her after the marriage, and during the coverture, for a consideration accruing during the coverture.

The defendant objected to the evidence for the variance, and the objection was sustained by THE COURT. (THRUSTON, Circuit Judge, absent.)