
    Anonymous.
    Where the plaintiff intended to bring replevin in the detinet, but, by mistake of his attorney, the charge of detaining was preceded in the writ by words imputing an unlawful taking also, he was allowed to amend on terms by striking out those words, even after the writ had been executed.
    Amendment of writ of replevin. The complaint in the writ was, that the defendant “has taken and does unjustly detain” the property in question. It had been executed, but nothing further done in 'the cause; and now
    
      M. T. Reynolds, for the plaintiff,
    moved for leave to amend by striking out the words “ has taken and.” He read an affidavit showing that the plaintiff intended to bring replevin in the detinetand that the words imputing an unlawful taking were inserted through a mere oversight or mistake of his attorney.
    
      A- L. Brown, contra,
   Bronson, J.

allowed the amendment to be made, on the plaintiff paying the costs of the motion, giving a new replevin bond nunc pro tunc0 and the sureties therein justifying.

Rule accordingly.  