Majority
p. 60Pepoon and another ads. Jenkins.
Headnote
RIGGS, for the defendants, moved to quash the writ for want of the clerk’s name to it, and Woods-, at the same time, moved for leave to amend. He contended that the writ is supposed to be the act of the clerk, and ought not to prejudice the party ; and
p. 61
cited 1 Cromp. 106. and 1 Durn. and East, 783. Yelv. 64.
It may be considered as the omission of the clerk, and amendable. Let it be amended, on payment of costs.