
    SAYRE and TELLER against VOORHEIS.
    ON CERTIORARI.
    Yoorheis sued Teller, before the justice, by warrant. Teller, and one Daniel Sayre, as surety, gave a bond for Teller's appearance on the 25th May, 1812. On that day, the justice made the following entry: — Defendant and Daniel Sayre appeared, confessed judgment in favor of plaintiff on a. note for ninety-eight dollars, and sixty cents debt. So I enter my judgment with costs, $98.60. Costs, $1.02.
    It was contended, that “ 8o I enter my judgment," was no judgment; but that it was a judgment, it was entered in figures; and also, that judgment could not be entered against Sayre in this way.
    
      Kearney, attorney for plaintiff.
   By the Court. — The

action is against Teller, and judgment against Teller ,and Sayre. If it was intended to enter judgment against Sayre as surety, as [*] was probably the case, the judgment ought to have been entered in that way, and distinctly. This proceeding cannot be supported.

Judgment reversed.  