
    [123] VANDYKE v. TENBROKE’S EXECUTORS. SAME v. SAME.
    A party may discontinue a writ of error before filing tbe. record, in case of mistake. _
    
      Lealee moved to discontinue the writs of error in these cases, without filing the writs or proceedings.
   Per 'Cur.

It appears the writs were sued out, upon a supposition that judgments had been entered in these cases in the Court of Common Pleas of Somerset county, which were actually not entered. We think a mistake of this kind ought not to prejudice a party.

Rule to discontinue, absolute.  