-Such an amendment would convert-a writ in a civil case to a penal action. The court will not aid a prose-, cutor on a penal act.
The amendment denied».
Walton v. Kirby, 3 N.C. 174, 2 Hayw. 174 (1802)
April 1802
·
North Carolina Superior Court
3 N.C. 174, 2 Hayw. 174
Walton vs. Kirby.
TT was moved by Mr. Cameron to alter the •writ thuss. to insert. the words “ tv ho sues for the county as ‘well as for himse.lj,’*■ immediately after the name of the plaintiff. He said the instructions to the person who made out the writ, directed him so. t®, frame itwhich instructions were by letter.