
    Jackson, ex dem. Sinclair and another, against Bailey.
    Amendment *°ap!¿“ deration in ^IntTd^’after ího,, PIamtiff suited at the ^10_for vari*
    Ejectment for land in the town of Moriah, Essex connty, brought to trial at the last circuit in that county; when the plaintiff was nonsuited, on the ground, that the decíaration described the land as lying in the town of Crown Point in that county. ’
    Ncnv, on an affidavit, that this was a mistake of the altorney, which was not discovered till after the jury were sworn,
    
      S. Stevens, for the plaintiff,
    moved to set aside the non-suit : and to amend the declaration.
    
      D. Russell, contra,
    said it was too late to amend, after the plaintiff had been nonsuited for the variance; but
   The Court granted the motion on payment of costs.

Rule accordingly.  