Wright v Macevoy

JurisdictionEngland & Wales
Judgment Date01 January 1790
Date01 January 1790
CourtCourt of the King's Bench
Wright
and
ers. Macevoy

English Reports Citation: 96 E.R. 786

COURT OF KING'S BENCH

wright vers. macevoy. A writ of fieri facias may be amended by adding a teste thereto. Upon a rule to shew cause, why a writ of fieri facias should not be set aside, the question was, if the writ could be amended by adding a teste thereto? It was holden that it might. And by Lee Ch.J.-According to what is laid down in divers old cases, which have been cited, a writ is not amendable by adding a teste thereto : but Courts have of late years gone much further in ordering amendments than they did heretofore. It has been said, that there is in the present case nothing to amend by : but an award of a writ of fieri facias, with a teste, may be entered upon the roll, and when this is done, the writ may be amended by the roll.

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