
    Jackson, ex dem. Colden and others, against Brownel.
    ALBANY,
    Feb. 1808.
    After argument of á case, and before judgment, at the instance of the defendant, .the cáse was allowed to b,e amended, on paying the costs of argument, and giving to the plaintiff the election after-wards to be nonsuited, or to have a new trial.
    THIS cause was argued at the last August term, on a case which had been settled by the judge, before whom the cEpise had been tried ; but no decision had yet been given by the court.
    
      Russel, for the defendant,
    now moved for leave to amend the case, on an affidavit of a mistake, in stating some of the testimony giyen at the trial.
    
      Van Vechten, contra.
   Per Curiam.

Take your rule ; but the defendant must pay the costs of the argument in August term, if the plaintiff consents to a nonsuit, after the amendment, op the plaintiff may elect, within twenty .days, to have a new trial, with costs, to abide the event of the suit.

Rule granted.  