
    Bennett against N. Davis and W. M. Davis.
    ¡"nga m ‘entering up a judgterm cannot Me^o^and‘he entitled as of ding™ PreC6 The judgment cmr? nvnnmtirl-
    And where a bona ana warrant of atfesTlud^nenti were executed íoz/tW0’rApril 1824, and one onthe™;^!#pril\ a -’ud8j thereon during JMhJ"term^as of the preceterm, wa^tet aside as irreg■tilcir
    Judgment for the plaintiff on bond and warrant of attorney. The proper papers were filed, and the judgment perfecte(L on the 6th day of May last, being after the commence-meat of May term. The bond and warrant were executed 10th of April last, the latter containing the usual clause authorizing any attorney, &c. in term or vacation, &c. to confess judgment for the obligors, and to release all errors, The declaration was entitled of February term, 1824, . . and the piadla was of the same term. JV1 Davis3 one of the defendants, died on the 14th April last.
    
      Spencer,
    
    moved to set aside the judgment as irregular, on the ground that N. Davis, one of the defendants, died before the term at which the judgment was entered. Pie said, the judgment being entered in May term, could not Jbe made to relate to the previous term. If this should bedeeman erro,b an(P as such, capable of being released, within the provision in the warrant of attorney, the power conferred by that instrument was gone, being revoked by the death of Af. Davis. He referred to 1 Dunl. Pr. 364, and the cases . there cited, and Gee v. Lane, (15 East, 592.)
    
      G. C. Bronson, contra,
    cited King v. Shaw, (3 John. Rep. 142) Mackay v. Rhinelander, (1 John. Cas. 410) 2 Archb. Pr. 15 ; Tidd, 495; Gladwin v. Scott, (Barn. 53) Odes v. Woodward, (2 Ld. Raym. 766 ; id. 849, S. C.) 1 Salk. 87, S. C. ; 3 Salk. 116, S. C. ; 1 Saund. 219, e.
   The Court

set aside the proceedings as irregular, upon the grounds taken by Mr. Spencer.

Rule accordingly.  