
    Roger Smith against Mary Brisbane, Executrix of Adam F. Brisbane.
    
      Columbia,
    
    1804.
    Amendment is allowable to correct an er-1,or in a vari-anee between. a sci. fa. and record, Jo's» justice of the j’ujgment/es-it appears to bea mere cie-rical mistake.
    UPON sci. fa. to revive judgment in Kershaw dis-ICf'
    Plea, variance between the suit and the original record, . ... inasmuch as the original record produced was against Adam Fowler Brisbane, executor of William Brisbane, deceased, and the sci. fa. in this case was against Mary Brisbane, executrix of Adam F. Brisbane, omitting the words, “ who was executrix of William Brisbane, J 1
    
    Whereupon the plaintiff moved the court for leave to . . amend, as- it was evidently a mere clerical mistake, which was granted by the circuit court.
    The present, therefore, was a motion to set aside this order of the circuit court to amend.
   But the1 court thought it regular and proper to give the plaintiff leave to amend, as even at common law, any error committed in the proceedings, might be amended before judgment. See Cunn. Dict. tit. Amendment. 2 Cro. 627. Cro. Car. 33.

Motion refused.

All the Judges present.  