
    
      8 April, 1819.
    
    MITCHEL vs. WAYMAN.
   Judge Owsley

delivered the opinion of the court.

According to the case of Caldwell against Holly, just decided, the court below erred in rendering judgment against Mitchel, in a motion aga'inst him as deputy sheriff, under the act of January, 1811, concerning sheriffs.

The judgment must, therefore, be reversed with cost, the cause remanded to the court belotv, and the motion dismissed with cost.  