Majority
p. 606Knapp against Palmer.
Headnote
Certiorari amended according to the affidavit on which obtained by striking out the words “trespass on the case,” and inserting “debt.”Error on certiorari. The affidavit on which the certiorari was granted, set forth the action to be debt, the [*487] certiorari *itself stated it to be trespass on the case. The defendant had served the plaintiff with a rule to assign errors, before the expiration of which, an application was made to Mr. Justice Kent, for an enlargement
p. 607on this affidavit, now moved for leave to[1] amend the certiorari, by striking out the words “trespass on the case,” and, in their stead, inserting the word “ debt.”
of the time, which was ordered on an affidavit of the plain ■ tiff’s attorney, specifying the original cause of action, and that the describing the cause as a trespass on the case was a mistake.
Woods,
Ordered accordingly.