
    MOSS v. HERRING.
    May 6, 1837.
    
      Rule to amend the writ of attachment of execution.
    
    A writ of attachment of execution may be amended by the praecipe so as to be made returnable to the first day of the next term after issuing-.
    THIS was an attachment of execution, with a clause in the nature of a scire facias, against Robert Taylor, under the 35th section of the act of 16th June, 1836, relating to executions. The praecipe was to make the writ returnable on the first Monday of June, 1837, but the writ was made out by the prothonotary returnable to the first Monday of April, 1837; being a monthly return day. The plaintiff obtained a rule to show cause why the writ should not be amended so as to make the return day on the first Monday of June, 1837; being the first day of the next term of the court.
    Hood, for the rule.
    
      Killer a, contra.
   Per Curiam.

The 35th section of the act of 16th June, 1836, prescribes that the debtor, &e. (garnishee,) shall be required to appear “ at the next term of the court, or at such other time as the court from which such process may issue shall appoint.” (Stroud's Purd. tit. Execution.<) Here the writ was made returnable to a monthly return day, and not to the “ next term” of the court. This was the accidental mistake of the prothonotary, and leave is given to amend the writ by the praecipe, and the court appoint the day named in the prcecipe for the return of the writ.

Rule absolute.  