
    Irad Kelly et al. v. Alexander L. Collins.
    The omission to make the certificate, which judgment debtor is principal, and which is surety, can not be corrected by a writ of error.
    This is a writ of error to the Supreme Court of Cuyahoga county.
    The plaintiffs in error gave a joint promissory note, which came by indorsement into the hands of Collins. The signatures were as follows: “ Gay &Hubbell, Irad Kelly, surety, Abraham Ilickox.” In the suit on this note, the common general judgment was ren. dered against all. A writ of error was prosecuted, because the court omitted to find, or certify the fact, that Kelly was surety. At the term of the Supreme Court of Cuyahoga, in 1841, the judgment of the common pleas was affirmed. This writ of error is brought to reverse both the original judgment and the judgment of affirmance.
    No arguments came to the hands of the reporter.
   Lane, C. J.

Whenever it is made to appear to the court rendering a judgment, that one of the parties is a surety, the court is required to certify which is principal and which is ^surety, so that execution may be first levied on the property of the former. Swan’s Stat. 482. The plaintiff in error insists, that where this fact appears of pleading, as in this case, it is matter of error to omit the certificate. We think the party has mistaken his remedy. The judgment in such case is right, and there is nothing to reverse. There may be good cause why the certificate is omitted by the court. If it were refused in a proper case, and the facts appeared in a bill of exceptions, we would correct it; but bare omission can be corrected'only in the court where the judgment was rendered.

Judgment affirmed.  