
    BOUDINOT against LEWIS.
    Declaration amendable after judgment by default, on giving time to plead 
    
    A judgment by default had been obtained in this case, on a declaration in an action of covenant on a lease; after which, it was discovered that a mistake had been made in drawing the declaration in the date of the lease, and also in the description of the premises. It was now moved on the part of the plaintiff, for leave to amend the declaration in the particulars above mentioned, for which, was cited % Bur. 1098, Pat. 126.
    
    The counsel for the defendant opposed this motion, and contended that the judgment having been rendered, the proceeding was no longer in paper; aud therefore, not amendable.
    To this was replied, that in this State, under our own practice, until the record is made up- and the judgment enrolled and signed by one of the judges, the proceedings are in paper.
    
      
       See 1 Green's Rep. 1. 2 John. 295. 3 ib. 257. 7 ib. 458. 6 D. & E. ■543. 7 ib. 55. Rost, 512. 1 Ealst. 405. 6 Cow. 608. 7 ib. 488.
      
    
   Kirkpatrick, C. J.

It is too late; there is nothing to amend by. But if the plaintiff will open the judgment, and give the defendant time to plead, he had no objection to that course, to which,

Rossell, J.

J. — Assented.

Peítítingtoít, J.

Gave no opinion; an estate to which he was administrator, having an interest in the question.  