
    
      Noah Pomroy v. John Preston.
    
   IN error on a bill of exceptions from the common pleas. The plaintiff had not assigned errors, and after the return of a set. fa. quare executionem non, moved for leave to take out a writ, ordering the judges of the court below, to come in and confess or deny their seal, and that in the mean time, all proceedings by the defendant should be stayed. Ordered accordingly, and that the judges appear, at the city-hall of the city of New-York, on the first day of next terna.  