
    Coster against Phœnix.
    ALBANY,
    Oct. 1827.
    . , An amend-men* granted ™ror,Cafter assignment rors; by entering a nolle prosegui on the reeord returned, ney counts; havingdambegen assessed below by the clerk, on these counts, with one upon a promissory note in the same declaration.
    And this though the defendant below had been committed on a ca. sa.; and a suit brought /or his escape against him and his bail for the jail liberties.
    But the amendment was granted on paying the costs of the motion to amend, and of the writ of error.
    On error from the C. P. of ISfew York. One error was, ' . ' that the plaintiff below took judgment on a declaration containing a count on a promissory note with the money without entering a nolle prosequi as to the latter. . „ ° After assignment of errors,
    
      E. Cowen. for the defendant in error,
    moved to amend by now entering a nolle prosequi as to the money counts: and cited 6 Cowen, 40, 43; 2 id. 408; 7 John. 468.
    
      M. Ulshoeffer, contra,
    read an affidavit, showing that the defendant below had been arrested and imprisoned on a ca. sn., and that a suit was afterwards bronght against him and his bail for the jail liberties, for an escape, which is still pending. He cited-Com. Dig. Day’s ed. Amendment, (D. 1.) note (p.;) 4 M. & S. 329; 2 Str. 1185; 5 B. & P. 103; 2 id. 275; 3 id. 321.
   Curia.

The rights of bail may often be affected more or less, by an amendment which prevents the reversal of a judgment on error. It is not for them to object. The bail for the limits could not take advantage of this error in any way without the intervention of the defendant. It is personal to the latter in every particular. The amendment is fully justified by the authorities cited for the defendant in error; and must be granted. But it is on paying the costs of this motion and the writ of error.

Buie accordingly.  