
    Smith and Howell, against Winthrop.
   JUDGE White

delivered the opinion of the Court.

In this case the writ issued against both, defendants* and was executed on but one. No discontinuance as to“the other Was entered in any part of the Record, but a judgment by default was taken against both. The judgment and pro-eeedings must be reversed back to the writ, and the cause be remanded.  