To compel respondent to quash a writ of replevin and dismiss the proceedings, for the reason that the affidavit stated that the property had not been taken for “any taxes or fine, levied,” etc., omitting the word “assessment.” Denied May 4, 1894, without costs.
The circuit judge permitted an amendment and the court held that the matter was ivithin the discretion of the circuit judge. Baker vs. Dubois, 32 Mich., 92.