
    John Hamilton, Jr. vs. Henry Ingraham.
    Middlesex.
    January 9. —18,1877.
    Colt & Endicott, JJ., absent.
    A mistake in the return day of a writ may he amended by leave of court, after the special appearance of the defendant to plead to the jurisdiction.
    Contract. The writ, issued from a District Court, was dated August 18, 1875, returnable on the “thirtieth day of August next.” The defendant entered a special appearance and filed a plea to the jurisdiction, on the ground “ that the writ was not made returnable within the time required by law.” The justice overruled the defendant’s plea, and allowed a motion of the plaintiff to amend his writ by substituting the word “ current ” for the word “ next,” and ordered judgment for the plaintiff. The defendant appealed to the Superior Court, and there filed a motion to dismiss the action, which was overruled, and judgment entered for the plaintiff. The defendant appealed to thi'< court.
    
      Gr. 0. Travis, for the plaintiff.
    
      F. F. Heard, for the defendant.
   By the Court.

The mistake in the writ was rightly allowed to be amended. McIniffe v. Wheelock, 1 Gray, 600. Fay v. Hayden,, 7 Gray, 41. Hart v. Waitt, 3 Allen, 532. Austin v. Lamar Ins. Co. 108 Mass. 338. Judgment affirmed.  