
    Briggs vs. Brown.
    Notice of application to a commissioner to supersede a writ of error, for want of the requisite bond or justification of bail, is not necessary.
    Motion to vacate an order superseding a writ of error. The plaintiff had a verdict in the common pleas of Seneca; but being dissatisfied with the amount found by the jury, sued out a writ of error on a bill of exceptions tendered by him to a decision of the court. A bond for the prosecution of the writ of error was executed by three sureties; the defendant in error excepted; two other sureties executed a similar bond and justified; the plaintiff did not execute either bond.
    Upon shewing these facts to a commissioner, he made an order superseding the writ of error, and now a motion is made by the plaintiff to vacate such order, insisting that he ought to have had notice of the application to the commissioner; but it was held,
   By the Court,

Savage, Ch. J.

that such notice was not necessary, and the motion was denied.  