
    Bissell, executor of Isaac Bishop, deceased, against Spencer, treasurer of the state of Connecticut:
    
    IN ERROR.
    Where a motion in error was brought before this Court, without any special assignment of errors, after the case had been argued and submitted for decision, it was remanded to the superior court, with liberty to the plaintiff in error to make a special assignment of errors, and to re-argue the case before this Court, upon such terms as the superior court should impose.
    This case having been brought before this Court, on motion in error, by the defendant below, and having been argued and submitted for decision; it appeared, that there was no assignment of errors, except the following: “The said Bissell claiming that the declaration of the plaintiff in said cause is insufficient in law, and that the superior court erred and mistook the law in rendering judgment against him, as aforesaid, in this, viz. that the said declaration is insufficient as aforesaid.” The question was thereupon raised, by the Judges, in consultation, whether they could proceed to a decision upon the merits of the case, consistently with the rule in 6 Conn. Rep. 327. requiring “ in every writ of error, a special assignment of errors,” and declaring, that “the Court will hear no other.” After due deliberation, it was decided,
    
      Fairfield,
    
    June, 1831.
   Per Curiam,

that the motion in error be remanded to the superior court, with liberty to the plaintiff in error to make a special assignment of errors, and to re-argue the case before this court, upon such terms as the superior court may impose.

Motion in error remanded. 
      
       Present Hosmer, Ch. J. and Daggett and Williams, Js.
     