case walker against SLACKOE if the cursitor in make out a writ of error on a  judgement against five omit to state in pursuance of the note from the  attorney that one of they be dead yet it can be amend S c post S c comb S c  Carth S c holt S c ld ray salk Mod Carth skin comb fitzg the note from the  attorney to the cursitor be thus Inter a in trespass and five name they  defendant note e one of the defendant be dead make out a writ of error the  cursitor omit to say that he be dead and take no notice of he but make it out  in the name of four only Carthew this be not like blackmore case   b for this  be a error in judgement which be not amendable and there be no case come up to  this holt chief justice I will tell you oneForger v sale cro car a in debt on  a bind against a heir where he be bind the cursitor make out a writ wherein he  do not express that the heir be bind as perhaps think he bind without it yet  after verdict it be amend and put in which be a error in his judgement and yet  amendable because he have the bind before he in this case before we the note  be as large to the cursitor as need to be Northey in the case of Powel v  brazennose CollegeCro Elizabeth b the writ be praecipe quod To give back  twenty acre hedington the word modern in be omit and it be amend it be only  the default of the clerk for he have writ it out of a paper deliver to he to  make the writ wherein this word in be which the cursitor Confessed upon oath  though this be a original and our case be the same with blackmore case for the  cursitor be to draw the writ and the attorney be only to state the fact to he  and here be as full instruction to he as can be at another day holt chief  justice the defendant here be not party to the writ of error for if the  defendant die before non be erratum plead you shall go on this case be move  again in Michaelmas term will and the writ of error be quash the court be of  opinion that it be not amendable because it be a writ to reverse a judgement  and the statute of amendment extend only to amend writ which support judgement  S c post but by Geo c all writ of error wherein there shall be any variance  from the original record or other defect may and shall be amend and make  agreeable to such record by the respective court where such writ shall be make  returnable see lady Cass v Title stram sword blade company v Dempsey stram  Verelst and smith v Raffael Cowp and Bac Abr c