Simcoke v. Frederick

Perkins, J. —

Replevin against the sheriff of Whitley corinty. The writ in the case, though delivered to, and executed by, the coroner, was addressed to the sheriff. For this cause, on affidavit of the fact, a motion was made by the defendant in the Circuit Court, at the term at which the writ was returned, to quash it; whereupon the plaintiffs interposed a motion for leave to amend by substituting' “coroner” for “sheriff” in the address of the writ. The Court overruled the motion to quash, and sustained that for leave to amend. In this there was no error. Weaver v. Jackson, 8 Blackf. 5.

The…