
    Dumond, survivor of Dumond and Van Gaasbeck, against Carpenter.
    After a writ of error, the court will allow the defendant in error to amend the record ■by-suggesting the death of one of the defendants below, before the interlocutory judgment, and which had been assigned as error.
    This cause was brought before this court, by a writ of error, from the court of common pleas in the eounty of Ulster.
    
    
      Sudam, in behalf of the defendants in error,
    now moved to amend the record below by suggesting thereon the death of Van Gaasbeck, one of the defendants below.— One of the errors assigned was, that this defendant had died before the interlocutory judgment had been entered. He cited 5 Term, 577. Coleman's Cases, 41. 61.
    
      Lt. Elmendorf, contra.
   Per Curiam.

The defendant in error may amend on paying costs to the plaintiff, if he elect to receive them and discontinue his writ. The case of Hamilton v. Holcombe is in point.

Rule granted. 
      
      
         Col. Cases, 61.
     