In pleading and practice. A discrepancy or disagreement between two instruments or two steps iu the same cause, which ought by law to be entirely consonant Thus, if the evidence adduced by the plaintiff does not agree with the allegations of his declaration , it is a variance; and so if the stateuieut of the cause of action in the declaration does not coincide with that given in the writ See Keiser v. Topping, 72 Hi. 229; Mulligan v. U. S., 120 Fed. 98, 56 C. C. A. 50; Bank of New Brunswick v. Arrowsmith, 9 N. J. Law, 287; Skinner v. Grant, 12 Vt 462; State v. Wadsworth, 30 Conn. 57.
Black’s Law Online Dictionary
