
    Philip Vadakin vs. Henry Soper.
    
      Addison,
    
    January, 1827.
    
      (Ante Vol. 1, page 287.)
    An execution improvidontly issued for costs, 'where nono were taxable, set aside, on motion, under a rule, that the defendant have no action of trespass against the plaintiff, and no action whatever against the cleric:
    THE plaintiff, at the last term of this Court, obtained a judgment of reversal, on a writ of error, under such circumstances as that by the rule of court, (ante vol. 1 ,p. 409) he was not entitled to costs. Costs were nevertheless taxed, andi nadvertently allowed by the clerk, and execution issued.
    
      Bates, for the defendant, now moved, that the execution be set aside.
    
      R. B. Bates, for the defendant.
   Per Curiam.

Let the execution be set aside, under a rule, that the defendant bring no action of trespass against the plaintiff, and no action whatever against the clerk.  