
    OCTOBER 28, 1802.
    James Roberts v. Samuel Todd.
    
      Upon a writ of error to reverse a judgment of the Court of Quarter Sessions of Franklin county.
    
    Where a replevy bond is taken for too much the obligee therein will not be allowed to proceed thereon until he credits it with the excess together with the-costs of the obligor in procuring the correction.
   It appears that the execution issued, and the replevy bond was-taken for a few pence more than the amount of the judgment. But it is conceived that it would be improper for this court to> regard so trifling an error. Ue minimis non curat lex. Therefore, it is considered by the court, that the judgment aforesaid be-affirmed, and that the defendant may proceed to have the benefit of the same in the court below, and recover of the plaintiff ten- percentum damages on the amount thereof together with his costs in this behalf expended, which is ordered to be certified to the said, court.  