Majority
p. 350Simpson against Carter.
Headnote
After notice of causean* error tbe justice,r°on affidavit of imposition on him by the attorney, was allowed to apply for leave to amend his return, on giving pUcatio°„>e.ato' tile phiintiff in error. -APPLICATION was made in this cause, in behalf of the justice, for leave to amend his return, on an afhclavit, stating a gross imposition on the justice, in making ^ out- The cause had been noticed for argument, at / # . the present term, and no notice had been given of this 1 motion»
Let the justice have leave to apply, at the next term, to ameqfl the return, on giving notice to the attorney of the plaintiff in error, of the motion, and delivering to him a copy of the affidavit, on which the motion is to be grounded; and, in the mean time, let all proceedings be stayed.