Garland v. Chattle , 12 Johns. 430 ( 1815 )

Per Curiam.

The variance between the declaration and the writ, should have been taken advantage of in the proper time; but after plea pleaded by the defendant, Chattle, it is too late for him to make the objection. The writ was issued within the six years, and the declaration is to be considered as a continuance of the same suit, so that the statute was no bar. The motion: must be denied.

Motion denied*