
    Cooke v. Simms.
    [October Term, 1800]
    Ante 39, October 37,1796.
    The first judgment of the Court of Appeals in this cause, was as follows:
    “This day came the parties by their counsel, and the transcript of the record; of the judgments aforesaid, having been maturely considered the court is of opinion, that the judgment of the said District Court is erroneous. Therefore it is considered that the same be reversed and annulled, and that the appellant recover against the ap-pellee his costs by him expended in *the prosecution of his appeal aforesaid here, and this Court proceeding to give such judgment as the said District Court ought to have given, being of opinion that there is no error in the judgment of the said Court of Hustings upon the demurrer joined, nor in the writ of enquiry executed thereupon, but that there is error in the final judgment of the Court of Hustings aforesaid in this, that the appel-leé had not previously entered, nolle prose-qui’s upon the three last counts in his declaration, and had no.t after the judgment entered a nolle prosequi as to the issue on the first count. It is further considered that the final judgment of the Court of Hustings aforesaid be also reversed and annulled, and that the appellant recover against the appellee his costs by him expended in the prosecution of his appeal in the said District Court, and it is ordered that the cause be remanded to the Court of Hustings aforesaid for further proceedings to be had therein, from the execution of the writ of enquiry.”
   The order for setting aside the judgment was as follows: ‘ ‘On the motion of the appellant, by his counsel, and for reasons appearing to the Court, It is ordered that the judgment rendered in this cause the twenty seventh day of October last be set aside, and that the cause be continued till the next Court, and be then reheard.”

It was thought, that printing the above, would make the former statement, in page 42, more perfect.  