Majority
p. 451Ayres v. Valentine. April 13 th, 1835.
Headnote
In a judgment creditor's bill, an'error in the day of obtaining the judgment and issuing a fi. fa. allowed to be amended by interlineation (the day originally in the bill was a Sunday.)A judgment creditor’s bill, under oath. An error was made in the day on which the judgment was docketted and thefi.fa. tested (the month and year were correct.) As
p. 452
appeared by the bill, it would seem to have all occurred on a Sunday and a prior motion (for a receiver) had been dismissed upon opposing counsel having found out the error. Application was now made, upon affidavits, to amend, by altering the date to the proper day.
Mr. W. Silliman, for the complainant.
Mr. C. Walker, contra.
The application to amend is based upon sufficient affidavits. I had a doubt how far amendment by striking out could be allowed. But here is a clerical error and the effect of what is wanted can be done by an interlineation. Take an order to amend correcting the date by interlineation, without prejudice to the injunction—serving a copy of the bill as amended gratis and paying the costs of the present motion.