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Blue v. Stout

3 Cow. 354 Court N.Y. Sup. Ct. English

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Majority

p. 354
Blue against Stout and Fisher.

Headnote

. Special bail rr Stem °f the ae
A motion was made, in this cause, to amend the ae etiam of the capias ad respondendum, which the attorney for the Plaintiff> by mistake, issued in covenant, when it should have been in assumpsit.
This was opposed, because special bail had been put in.
S. M. Perkins, for the motion.
Dayton Woods, contra.

The bail have no right to object to the amendment.[1] The motion must be granted, on payment of costs.

Rule accordingly.

(a) (a) Vid. Christie v. Walker, 1 Bingham, 68.