
    ROBERT TRABUE, vs. ROBERT THOMAS,
    
      On a icrit of error to reverse a judgment of the Adair circuit court.
    
    
      Hardin for plaintiff.
    14 Dec. 1820.
   The Ch;ep Justice

delivered the opinion of the court.

This is a writ of error to a judgment rendered on motion, for the sheriff against his deputy and securities.

The judgment having been rendered for default of tbe defendants in not appearing, without any suggestion of the cause having been heard and tried on evidence, is erroneous, as was Held in the case of Lampion, &c. Scott.

Judgment reversed with costs, and the cause remanded for m w proceedings, not inconsistent herewith.  