Thatcher v. Miller

The cause stood continued to this term for the consideration of this motion ; and now the opinion of the Court was delivered by

Parker, C. J.

The original action being founded upon the trustee process, in which judgment was rendered at * the Court of Common Pleas, a writ of error is brought to reverse that judgment. Although the judgment, as certified to us, is clearly erroneous, for the cause assigned, we have delayed reversing it, that opportunity might be had to apply to the Court below for permission to the officer to amend his return, he having made an affidavit that he did in fact leave a…