
    DEN v. GANOE.
    In Ejectment. Amendment.
    
      Mr. Reading
    
    moved for leave to amend the declaration by adding a count on a demise by the Lessor and his wife.
    
      Scudder
    
    in behalf of Saxton attorney for the defendant, objected, saying that the cause was at issue, and had once been carried down for trial; that this application was in effect, for leave to substitute a new cause of action, and to set up another title.
    
      Reading in reply.
    It is not intended to set up a new title acquired since the commencement of this action, but only to introduce a new count upon a demise by the lessor and his wife at the same time with that laid in the declaration.
   By the Court.

Let the amendment be made, but upon payment of costs to the defendant, if he elects to withdraw his plea, and not to appear and olead to the amended declaration. In that case, he is to be discharged from the consent rule, and judgment to be entered against the casual Ejector only.

Amendment ordered.  