
    [*] ANONYMOUS.
    ON CERTIORARI.
    On dismissing a certiorari, execution for the debt and costs, issues from this court, as on non-prossing a writ of error.
    
    The certiorari in this case was from a justice’s court, and was dismissed for want of prosecution. The defendant in certiorari issued an execution out of this court, as well for the debt which he had recovered below, as for the costs of the certiorari.
    
    
      Hunter,
    
    moved to set aside the execution for [551] irregularity. He said that an execution was founded on the record, and must issue out of the court where the record is. 2 Saund. 101, x. note.
    
      Ewing, contra.
    The record is in this court, brought here by the certiorari; the dismissing for want of prosecution, is the same as non-prossing a writ of error for want of prosecution ; in which case, the execution issues out of the court where the non-pros is had, provided it is a court from which process of execution issue. 5 Corny. Dig. 726, 2 Saund. 101, x. note. In Lilly’s Entries, 545, there is a precedent of such a writ. Great inconvenience would arise from issuing two executions, one out of the justice’s court for the debt, and the other out of this court for the costs.
    
      
       S. P. Coxe B-ep. 138. See Tidd 91$, 3 T. R. 657.
      
    
   Kirkpatrick, C. J.

Soon after the present justice’s act passed, this question was agitated; and on argument, the propriety of issuing the execution out of this court, established. It is precisely the same thing as non-prossing a writ of error.

Rule refused.  