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.

More On This Topic

Link to This Definition
Did you find this definition of VARIANCE helpful? You can share it by copying the code below and adding it to your blog or web page.
Written and fact checked by The Law Dictionary