
    Davis assignee of Morrison against Barr and another.
    
      Saturday, April 1.
    Judgment having been entered on a bond and warrant, the parties agreed, that the case should be proeceded in as if a feigned issue had been formed and that the Court should give judgment on the facts stated, as if there had been a special verdict. The Court below set aside the judgment.
    
      Held that no writ of error lay.
    In ERROR.
    ERROR to the Court .of Common Pleas of Chester county,
    Judgment had been entered in this case, in the Court of ” Pleas of Chester county, upon a bond and warrant attoniey given by the defendants to Morrison, and assign-ed by him to Davis. A rule was obtained in that Court by the defendants, to shew cause why the judgment should not p,e stricken off; and a case was stated for the opinion of the Court, upon which it was agreed, that the judgment was irregular, and should be set aside. It was further agreed, that case should be considered, and proceeded in as if a feigned issue had been directed, and formed for the trial of the matter, whether the judgment was regular ; and that the Court should give judgment on the same, on the facts stated . . , .. m the case, as u there had been a special verdict.
    The Court below ordered, that the rule should be made absolute, and the judgment set aside.
    Edwards, for the plaintiff,
    commenced arguing upon the merits; but,
    
      Edwards and F. R. Ingersoll, for the plaintiff.
    
      Tilghman and Peters, for the defendants.
   The Court

were of opinion, that in this case no writ of error lay, because no judgment had been given in the Court below. All that was done, was to set aside the judgment.

Writ of error quashed.  