General
John Clapp, plaintiff in error, against William Bromagham and others, defendants in error
8 Cow. 746·New York Court for the Correction of Errors·1826·NY
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Opinion
*John Clapp, plaintiff in error, against William Bromagham and others, defendants in error.
Writ of error amended as to return and parties, in court of errors.
On error from the supreme court, Clapp brought error to this court, from a judgment in partition. (Vid. 5 Cowen, 295, and 6 Cowen, 611, S. C.) But by mistake, the writ of error was made returnable at a special session of the court, instead of the general session, as required by the statute, (sess. 36, ch. 10, s, 7, 1 B. L. 133, 134,) and certain persons, defendants, described as unknown owners in the proceedings below, were also omitted in the writ. •
On a motion to set aside the writ for irregularity,
[MAJORITY]
The Court unanimously allowed the writ, to be amended.
Bule. “ Ordered, that the plaintiff in error have leave' to amend the writ brought and filed in this cause,, by making it returnable at the next meeting of the Senate, wheresoever the same shall be, next after the issuing of said writ, and also by making the unknown owners, parties, plaintiffs m said writ of error, and without costs.”