Stone v. Chamberlain

<p>Audita querela lies by a person imprisoned under an execution in which, by a mistake of the clerk, the date of the judgment is erroneously stated, and the officer thereby required to collect more interest than is due.</p> <p>A writ of audita querela, improperly called in the declaration an action of tort, may be amended by striking out those words.</p> <p>A writ of audita querela, brought by a person imprisoned under an execution in which the date of the judgment was stated two months earlier than the truth, and the officer thereby required to collect about ten dollars too much interest, was denominated in the declaration an action of tort. Reid, that the plaintiff might amend, on condition that he would take judgment for nominal damages only.</p>