¶1The written order for issuing the writ, was to issue it in the name of Thomas Pays on, but by mistake of the clerk, it issued in'the name of Thomas Payen. The written order was filed in the clerk’s office. The defendant had given bail, and pleaded a misnomer in abatement
¶2Mr. Taylor, for plaintiff, moved for leave to amend; which THE COURT refused, unless upon payment of costs and discharging the bail.