
    
      Ex parte Kennedy and Devlin.
    An execution against two only, upon a judgment against three, without a suggestion of the death of one, is void, on its face.
    The return upon the habeas corpora, was, that the prisoners were held upon writs of ca. sa. which stated the judgment to be against the prisoners and one Hugh Tierney, and required the officer to take the two prisoners only, without suggesting the death of Hugh Tierney.
    
      Mr. Hoban and Mr. Coxe, for the prisoners. Mr. Z. C. Lee , and Mr. Dunlop, contra.
    
   The Court

(Thruston, J., absent,)

discharged the prisoners, being of opinion that the execution against two only, upon a judgment against three, without a suggestion of the death of one, was void on its face. See Tidd, 1029; Bac. Ab. Exon. G. 1; 2 Evans’s Harris. 115. 303.  