
    Beale and another, administrators of Casner, against Patterson.
    In Error.
    
      Thursday, June 29.
    ifthe affidaby theSthfee1809, tobe on purchasing a writ of error, be not filed until after th~ writ is issued, and the record returned to this Court, it is too
    .The affi;,a" vit cannot be dispensed the p 1 nUuUímTi is an ad-
    RULE to shew cause, why the writ of error, which issued in this case to the Common Pleas of Mifflin county, should not be quashed, because no affidavit had been previously filed, according to the act of assembly of 11th March, 1809, that it was not intended for delay.
    
      Burnside, for the plaintiffs in error.
    
      Hale, contra.
   Per Curiam.

The affidavit now produced, was not made, r , • r ■ , , , ’ . ’ till alter the writ ol error issued, and the record returned into this Court. This will not do—Neither is the affidavit to be dispensed with, because the plaintiffs in error are administrators. There is no reason why they should not swear, that the writ of error was not proseeuted for delay. They knew their own motives, as well as if they were suitors in their own right. The writ of error must be quashed.

Writ of error quashed.  