Knap v. Palmer

Headnote

ERROR, on certiorari. The affidavit on which the certiorari was granted, set forth the action to be debt; the 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 his ■ honour, Mr. Justice Kent, at his chambers, for an enlargement of the time; this his honour was pleased to order on an affidavit of the plaintiff’s attorney, specifying the original cause of action, and that the describing the cause as trespass on the case, was a mistake. To this affidavit the plaintiff had annexed a copy of a notice to move the court to allow the amendment of the certio rari, and had duly served the plaintiff’s attorney.— Woods now moved for leave to amend the certiorari, by striking out the words “ trespass on the case,” and, in their stead, inserting the word “ debt.”