
    Jonathan Holmes against Elisha Williams.
    If an action of false imprisonment be brought for taking the plaintiff in execution on a ca. sa. in which the costs are by mistake larger than those actually awarded,’ the court will give leave to amend the execution ; and the papers on which the application is made, may be titled as in the suit for false imprisonment.
    THE defendant, in a suit against the plaintiff, the venue of which was laid in Albany, had obtained a judgment in which the costs awarded were 9 dollars 12 cents, and on the supposition, that the original ca, sa. had issued into Columbia, sued out a testatum ca. sa. inserting 14 dollars 44 cents. The now plaintiff having been taken on this writ brought the present action for false imprisonment.
    
      Williams on an affidavit disclosing the above facts, and adding that he did not personally issue the execution or ever see it, or knew of the mistake till the sixth day of the present month, moved to amend the testatum ca. sa. by expunging the 14 dollars 44 cents and inserting 9 dollars 12 cents.
    
      Van Wyck contra.
    This is an application in one suit, to amend mistakes and errors in another. If the amendment is to be in the cause of Williams v. Holmes, the papers ought not to be intituled in that of Holmes v. Williams. The motion goes to take away the basis and foundation of our action.
   Per curiam.

Take your motion.  