
    Renninger against Thompson and another.
    In Error.
    
      May,
    
    THE defendants in error brought a suit in the Court w of Common Pleas of Dauphin county against the plaintiff in error, and held him to bail in the sum of f¿ 500. The cause was arbitrated and an award filed in favour of the plaintiffs, on which an execution issued. The defendant’s counsel then moved for a rule to shew cause why the writ should not be abated, and all the proceedings thereon set aside, with costs; founding his motion on the act of assembly of 20th March, 1724, 5, exempting freeholders from arrest, except in certain cases. The Court, after argument, discharged the defendant on common bail, but refused to set aside the execution, upon which the defendant took a writ of error.
    A wit of 0rror sloes not* lie i» a matter c0urtbelo\v are entitled to cret\onon a v?ew off11 the of the ease,
    Elder, for the plaintiff in error.
    
      A. Hopkins, contra.
    
      
      
        Purd. Dig. 21.
    
   Per Curiam

It does not judicially appear, that the deiendant was in fact a freeholder. His having been discharged on common bail is no evidence of it; because the same result would ensue from a discharge under the insolvent laws, or from failure to shew cause of action; or it may have been by agreement. But if evidence of the fact even appeared on the record, to decide on it is so peculiarly the province of the Court below, who are to exercise a sound discretion under all the circumstances of the case, that it cannot be enquired into here. Nothing that is matter of pure discretion, is the subject of error: and on these grounds we are of opinion that the judgment should be affirmed.

Judgment affirmed.  