
    *Joseph Butler and Elisha Lane v. Jacob Baker.
    A writ of error, issued after the code took effect, can not be sustained, whether the judgment sought to be reversed was rendered before or after the code.' began to operate. The petition in error is the appropriate remedy.
    
      Writ of error to the district court of Muskingum county.
    The judgment sought to be reversed was one of the district court, entered in September, 1852, reversing a judgment in the -court of common pleas.
    The defendant in error moved to quash the writ.
    
      C. 0. Corners, for plaintiffs in error.
    
      Jacob Baker, defendant in error, in prop. per.
    
   Banney, J.

By section 530 of the code of civil procedure, 3 •Curwen’s Stat. 2025, which took effect July 1,1853, writs of error and certiorari to reverse, vacate, or modify judgments or final orders in civil cases are abolished; and by other sections .of title 16, the proceeding is authorized to be had by petition in error. Section 602 makes this proceeding applicable to judgments rendered before as well as after the taking effect of that act.

Although this latter proceeding is not far different in its substantial features from the one abolished, yet, as it was deemed of sufficient importance to abolish the one and substitute the other, we do not feel authorized to disregard the express provisions of the enactment by allowing a writ of error to be prosecuted.

The motion of the defendant in error to quash the writ must therefore prevail'.  