Variances are between the writ and the declaration, and between the declaration and the evidence.
But if the variance is in matter of mere form, as in time or place, when that circumstance is immaterial, advantage can only be taken of it by plea in abatement. A variance by disagreement in some particular point or points only between the allegation and the evidence, when upon a material point, is as fatal to the party on whom the proof lies, as a total failure of evidence. This was held to be a variance, because the additional words were material, and qualified the effect of the contract. But a variance in mere form or in matter quite immaterial, will not be regarded.