
    Langdon v. Langdon.
    If an execution is indorsed by mistake or accident — the party’s remedy is by motion or scire facias to the same court for an alias — and the court in such case do not render any new judgment.
    EkeoR to reverse a judgment of the County Court, on a scire facias, brought by said Ezekiel against said James, complaining that he had an execution against said James for £15 lawful money debt and £2 11s. 8d. cost, issued on a judgment ■of the County Court; that he delivered it to Reed, a constable, who levied said execution on certain articles of household furniture, necessary for upholding life, and which by law were exempted from being taken in! execution — which articles said constable posted and- sold at public auction and indorsed them on said execution; that Said James instituted his action against said constable for said articles of goods taken as aforesaid, and had recovered judgment for £12 10s. lawful money damages and cost against said constable, foj? said goods, on the ground that they were not liable to be taken in execution for debt: whereby his said judgment and execution against said lames remained unsatisfied, although indorsed in full; praying for an alias execution'to'be granted on said judgment for tfie sum due thereon, etc.
    ' To this writ of scire facias a demurrer was given, and the County Court gave judgment that the declaration was sufficient and for the plaintiff to recover the .sum of £7 13s. Yd. lawful money damages and £5 2s. 6d. cost.
    Errors assigned —■ 1st. That the declaration was insufficient, for it appeared to be the plaintiff’s own fault, that said necessaries were taken. 2d. Said Ezekiel’s remedy was against said constable who indorsed said execution — as it did not appear that he gave said constable orders to take them. 3d. That said Ezekiel’s remedy was by motion to the court for an alias execution. 4th. No cost ought to have been allowed. Plea — Nothing erroneous.
    Judgment — Manifest error.
   By the Court.

Where an execution is discharged or indorsed by mistake or accident, the party’s remedy is by application to the same court, by scire facias or by motion, as the case may be, for an alias execution; and the court if upon examination they find it to be right and just, will grant an alias execution, but no new judgment is entered for damages or cost.  