coal and Hawkins Intr Pas Ann rot or in a indebitatus assumpsit the day be not  material and the allege a different time I in the replication be no departure  Mod pale yellow Cas S c Parker c I deliver the resolution of the court this be  a indebitatus assumpsit lie January the defendant have plead action non to  grow progressively infra sex aged the plaintiff have reply a bill file January  Ann and that the cause of action arise within six year before the defendant  have demurrer general and it have be insist on by his counsel that the  replication be a departure there be seven year distance between strange the  day in the declaration and the fill the bill as set forth in the replication  but we be all of opinion notwithstanding that the plaintiff must have  judgement this be only a parole promise the time allege in the declaration be  only matter of form not of substance and not be a departure in a material  point be only a defect in form of plead which not be show for cause of  demurrer pursuant to the Act for the amendment of the law the defendant can  take advantage of it if a verdict have find the promise or the fill the bill  to be another day that will not have vitiate the proceed lev keb hob matthews  v spicer post send for if the day have be substance it will have be a  departure and so it be adjudge in this court Pas Geo Stafford v forcer Mod  that be upon a promissory note date in the defendant plead action non to grow  progressively infra sex aged the plaintiff reply a bill file Ann and after a  verdict the judgement be arrest because in that case the day be material if  the day in this case shall be look upon as such it will be in the defendant  power in almost all case to fix the time and place as where the plaintiff  bring a action of assault and battery in London the defendant plead he make  the assault in Middlesex and that afterward the plaintiff release all battery  except in London by this he will make the place material and the doctrine of  bring transitory action where the plaintiff please will fall to the ground if  the defendant shall be allow by artificial plead to make the time and place  matter of substance vide   Litt j b Yel judaic pro quer strange report er p