
    MARY CALLOWAY vs. LEVIN CALLOWAY.
    Error in fact ahedged against the record that defendant had not appeared.
    
    Certiorari.
    
      Frame, for plaintiff,
    
      Laws, for defendant.
   In this case the court at the last term allowed the defendant, or affidavit filed, to alledge as an error in fact against the record, that! he had not appeared as therein stated. A commission issued to take depositions, on the opening of which the affidavit was not sustained and the

Judgment was affirmed.  