Shoemaker v. Knorr

*Shoemaker v. Knorr. • Amendment. The teste and return of an alias venditioni exponas were allowed to be amended by the praecipe. Judgment : fi.fa. returned, and vend. exp. to Dec. term 1786, returned by the sheriff, “ proceedings stayed by the plaintiff.” The sheriff afterward" made sale of the premises, and the plaintiff took a praecipe f rom his attorney, for an al. vend. exp. returnable to March term 1787, but before the return-day of the term, the sale had been made, although the praecipe was not delivered, and no writ made out until after the term, when the prothonotary, on the application of the sheriff, issued an alias vend. exp. returnable to June term. It was now moved to alter the teste and return, by the praidpe / that is, to make the writ returnable at March, instead of June term. Rawle, for the plaintiff;. Sergeant, for the defendant. Sergeant, the defendant’s attorney on record, did not oppose the motion, but declared, that as his authority was determined by the judgment, his consent could not be obligatory on his client. [MAJORITY] The Court, after some deliberation, granted leave to make the alteration moved for ; resting, it seemed, upon the ground that theprcecipe furnished something to amend by. Baker v. Smith, 4 Yeates 185; Berthon v. Keely, Id. 205; Black v. Wistar, 4 Dall. 267.