
    James K. Harris vs. The President, Directors, and Company of The Planters Bank of the State of Mississippi.
    A certiorari will be allowed as well when an excess of matter in the record is suggested, as when a diminution is alleged.
    When it is alleged that the record filed in this court is imperfect, in containing matter not in the record below, this court will award a certiorari.
    
    In error from Rankin county circuit court.
    It was suggested by motion in this case, and in the regular mode, that the record before the court contained matter not in the record in the court below, and a certiorari, to bring a true record before the court, was prayed.
    
      Montgomery and Boyd, for motion, on behalf of the defendants in error.
    
      Wilkinson and Miles, contra.
   Per Curiam.

This is an application for a certiorari, on a suggestion, that the transcript of the record in this court is imperfect, in containing facts which are not in the record below. The motion was resisted on the ground that a certiorari only lies when a diminution is alleged, but not for an excess of matter in the record. But we think the case is properly embraced by the rule for certiorari, the object of which is to perfect the record. The case in 1 Wilson, 337, is an authority for the present application.

Let the certiorari be awarded.  