
    Jonas Rudesill against Charles F. Lesesne.
    A verdict for appearingthauiie •wrong name was tíougii11 ll¡f Tvas served on the right person, leave given to a-“e"MugBhonpth¿ dererbe?ng"6et°Iside, and the true wtyto"^^^11"
    This was an action of trespass to try title. It ^ . on to be tried under a writ of inquiry. Charles F. Lesesne not appearing, the evidence x 1 ° offered was, that Charles Lesesne lived on the land, _ , , . , , aBCl was the person on whom the writ was served, who, supposing that it was meant for Charles JT, Lesesne, conveyed the writ to him. As no 7 ^ trespass was proved to'have been committed by Charles F. Lesesne, the Jury found for the defendant.
    A motion is now made for a new trial, on the ground, that under a writ of inquiry, some damage must be found, and that a general verdict for defendant, under a writ of inquiry, is contrary to law.
   The opinion of the Court was delivered by

Mr. Justice Gantt.

As the counsel opposed to the motion has consented, the Court, directs, that the verdict be set aside; that the plaintiff have leave to amend the writ and declaration; that the order for judgment be set aside; and the defendant permitted to plead to the action.

Grimké, Colcock, JVott, and Cheves, J. concurred.  