
    Reeves ag’t Waller
    [Note by W. G ] (Jeff. Rep. 8, s. c.)
   The Pl’t brought an Action upon the case in Essex County-Court for forty shillings won upon a horse race and had a Verdict in his favour. In arrest of Judgment it was objected that the Pl’t ought to have sued by way of petition upon the Act of 1 Geo: 2 for recovery of small Debts and for this reasonjudgment was stayed and the Pl’t ordered to pay Costs'

And now I moved for a Writ of Error The doubt was whether It could be allowed the principal debt being under five pounds And no Appeal or Supersedeas ought to be granted by the Act of 1 Geo: 2.

I insisted that the Act did not mention writs of Error And that the Subject was intitled to them of common right.

But the Court seemed to incline that Writs of Error were within the Act However a Writ of Error was allowed upon the Authority of Spotswood & Harrison’s Case in this Court

In which the Court came to a solemn resolution that the Act did not intend to exclude the Pl’t from an appeal &c. but the Def’t only see the Act c 3. 8. 14.  