Andrews v. C. Ennis & Co.

Hemphill, Ch. J.

This was a suit on a promissory note. The defendant's motion to quash the writ was refused, and judgment being for plaintiffs, the defendant sued out his writ of error, and assigns that that there was error,

1st. In refusing to quash the writ; and

2d. In permitting the Clerk to amend.

The objections to the citation are :

1st. That it was not tested in the name of the Clerk.

2d. That it did not contain the names of parties plaintiffs to the suit.

It appears that the clause of attestation was omitted. This was an error, the statute requiring that writs and processes should be tested…