
    [*] VAN NESS against HARRISON.
    ON OEETIOEAEI.
    Test of original process, not amendable.
    The process in this cause was tested in September term, and made returnable at this term.
    
      Mr. Halsey moved the court for leave to amend the process, by striking out September term, and inserting November.
    This was opposed by Mr. Campbell, who said the process was nullity, and could not be amended. He cited 2 Johns. Rep. 190.
    
   By the Court.

As more than a térm has intervened between the test and the return of the writ, the cause is out of court. Besides, there is nothing to amend by.

Eule refused.  