Majority
p. 449Jonathan Holmes v. Elisha Williams.
Headnote
THE defendant, in a suit against the plaintiff, the venue of which was laid in Albany, had obtained a judgment in which the costs awarded were nine dollars 12 cents, and on the supposition that the original
p. 450on an affidavit disclosing the above facts, and adding that he did not personally issue the execution or ever see it, or knew of the mistake till the 6th day of the present month, moved to amend the testatum ca. sa. by expunging the 14 dollars 44 cents, and inserting 9 dollars 12 cents, This is an application in one suit, to amend mistakes and errors in another. If the amendment is to be in the cause of Williams v. Holmes, the. papers ought not to be entituleJ in that of Holmes v. Williams. The motion goes to take away the basis and foundation of our action.
ca. sa. had issued into Columbia, sued out a testatum ca. sa. inserting 14 dollars 44 cents. The now plaintiff having been taken on this writ brought the present action for false imprisonment.
Williams,
Van Wyck, contra.
Take your motion.