
    Den vs. Lanning.
    The notice at the end of the declaration in ejectment may be amended after service, by striking out one day and inserting another.
    
      Wall, for the plaintiff,
    moved to amend the declaration in ejectment which had been served in this case, by striking-out the words “ ninth day ” in the notice at the end of the declaration, addressed to the tenant in possession, advising him when and where to appear and cause himself to be made defendant, and inserting in lieu thereof the words “first Tuesdaythe ninth day of September being Sunday, and having been inserted by mistake; and it appearing from the affidavit of service endorsed on the declaration by the sheriff, that he had notified the tenant to appear ’ “ on the first Tuesday of September,” the amendment, he said, could be no surprise or injury to the defendant.
    
      W. Halsted, contra.
   Ewing, C. J.

The doctrine of amendment is a very salutary one. When the amendment may be made without producing to the adverse party any injury whatever, it ought to be allowed; and we apprehend it may be done here. In New York the doctrine of amendment as to declarations in ejectment is very liberal. Adams on Eject. *255] 202, note 6. In this court an amendment in *the demise was ordered to be made, after trial, in the case of Den ex dem. Hoover v. Franklin and Sharp, 2 South. Rep. 850. The amendment now applied for is fully supported by the case of Doe ex dem. Bass v. Roe, 7 Term Rep. 469. In the present case the defendant will be precluded from no defence; he will not be compelled to go to trial one -moment sooner, by allowing the notice to be amended. Therefore, let the notice be amended by striking out the words ninth day,” and inserting the words second Tuesday.  