DISCREPANCY. A difference between one thing and another, between one writing
and another; a variance. (q.v.)
2. Discrepancies are material and immaterial. A discrepancy is
immaterial when there is such a difference between a thing alleged, and a
thing offered in evidence, as to show they are not substantially the same;
as, when the plaintiff in his declaration for a malicious arrest averred,
that "the plaintiff, in that action, did not prosecute his said suit, but
therein made default," and the record was, that he obtained a rule to
discontinue. 4 M. & M. 2 5 3. An immaterial discrepancy is one which does
not materially affect the cause as, where a declaration stated that a deed
bore date in a certain year of our Lord, and the deed was simply dated "
March 30, 1701." 2 Salk. 658; 19 John. 49 5 Taunt. 707; 2 B. & A. 301; 8
Miss. R. 428; 2 M'Lean, 69; 1 Metc. 59; 21 Pick. 486.
, far cry