
    Jones vs. Williams and others.
    On a motion to set aside a capias ad respondendum because of its being returnable at a wrong place, the plaintiff will be allowed to amend on payment of costs without a cross motion for that purpose.
    Where the suit was against nine defendants who had appeared by three different attorneys, and three sets of papers had been served for the motion, the amendment was allowed on payment of but one bill of costs.
    
      J. E. Carey, for the defendants,
    moved to set aside the capias and subsequent proceedings, on the ground that the capiasy which was returnable at the last October term, was made returnable ' at Albany instead of Rochester. There were nine defendants, several of whom had employed different attorneys, and three sets of papers were served for the motion.
    
      A. Taber, for the plaintiff,
    said this was a mere clerical error arising from the recent change in the place of holding the October term, and that the plaintiff ought to be allowed to amend without costs—or, at any rate, without paying three bills of costs.
    
      Carey said the plaintiff should have given notice of a cross motion for leave to amend; and as three different attorneys had been employed for the defendants, and each had given notice of this motion for his own clients, they were entitled to the costs of three motions.
   By the Court,

Bronson, J.

It is now the settled practice to allow trifling mistakes of this kind to be amended on the motion to set aside the proceedings, and without putting the party to a cross motion for that purpose. As to costs, the principle contended for would enable these nine defendants to recover ninety dollars costs for an error of no great importance. It is enough to allow one bill.

Ordered accordingly.  