Opinion
(1793.)
Ejectione firmae. The paper book was right, viz., acram terrae, but the bill on the file was clausum terrae, and the bill was amended from the paper book, and other variances were amended; and a distinction was taken where there is a paper book in the office, and it is right, all will be amended thereby; but if there be no paper book in the office, and the bill on the file be wrong, it shall not be amended.
The amendment shall be according to the paper book that was with the plaintiff's attorney. For there was no declaration with the clerk of the papers. Whereupon, the attorney of the plaintiff and that of the defendant were examined in court, whether it had been altered since the defendant's attorney left it, and on being answered in the negative, ordered the amendment to take place. Antea, Todman v. Ward, p. 671; Palm., 404, 405.