On tbe 20th of August, tbe President delivered tbe opinion of tbe court.

As it has not been made any part of tbe argument, that tbe power of tbe court to amend, is not tbe same as it was before tbe action was removed, we shall determine tbe question as we should have done, if the writ of error bad not been brought. Upon tbe liberal principles of modern practice, therefore, and indeed, for tbe honor of common sense, we think it incumbent upon us to direct tbe scire facias to be amended by tbe record. Besides the cases in tbe books (particularly that in Barnes 6, Sweetland v. Beezely), there are some instances in our own courts that authorize tbis determination. I remember, in Scott v. Galbraith, at nisi prius, in Lancaster, (a) a verdict was given for tbe plaintiff in ejectment, for one-half of tbe premises, and nothing was said respecting tbe other half. A motion was made in banc to set aside tbis verdict, but it was allowed to be amended, by adding, “ and for tbe residue they find for tbe defendantalthough, in that case, there was not anything to amend by, but merely what was implied in tbe verdict. (b )

Tbe rule made absolute.