
    Miller against Tuttle.
    ON CEBTIOBABI.
    Judgment ^“debtor* 01'
   Southakd J.

The defendant pleaded his discharge under the insolvent laws, on the 22nd of February 1817. The note on which the suit is founded, is dated the 8th of November 1816, payable in thirty days. The judgment in these words : “I gave judgment against the goods 0f the defendant, in favour of the plaintiff, nineteen dollars and twelve cents, debt,” &c.

This judgment is erroneous. It must be against defendant. It cannot be against his goods. It should be against defendant, to be made of his goods, only. And I think it very questionable, whether such an execution as would be required, could be issued by the justice, and if not, he had not jurisdiction of the cause.

Judgment reversed.  