delivered the opinion of the court.

The motion to dismiss the writ of error for want of the test required by the process act of 1789, 1 U. S. Stat. 93, must be allowed. The defect in the test was doubtless occasioned by an oversight of the clerk below; but a majority of the court is of the opinion that the writ cannot be amended here without departure from its established practice. Insurance Company v. Mordecai, 21 How. 195; Porter v. Foley, 21 How. 393. Dismissed.