
    Hamilton against Holcomb and others.
    On error córam vobis; amendment of the record allowed by entering a suggestion of the death of one of the defendants, pending the original action.
    After imparlance, and before judgment, S. one of the defendants died ; judgment was, afterwards, entered up against both defendants, and an execution- issued against the survivor, without any suggestion on the roll, of the death of the . other defendant. After error coram vobis, a rule was obtained to show cause why the record should not be amended by suggesting the death of S,
    ' Whiting showed cause, and contended, that the application was too late, after-the proceedings were no longer on paper. He cited 2 Tiner, Amend. (H. § 17. G. 2.)
    
      Woods, contra,
    cited Newnham v. Law, (5 Term, 577.)
   Per Curiam.

The case of Newnham v. Law, which has. been cited, is in point. Courts of late, have adopted the practice of granting all amendments, to which the party would have been entitled, as of course, provided it be of no prejudice to the other party. The rule must be made absolute on payment of the costs of this motion, and of the writ of error.

Rule granted. 
      
      
         S. C., C. C. 61. Dumond v. Carpenter, 2 Johns. R. 184. Graham’s Prac. 2d edit. 667.
     