
    FAUGHT vs. BYRNE.
    
    
      May 7th.
    
    An execution againft the principal, when judgment is entered againft defendant & bail, is Irregular and erroneous*
    
      A judgment was obtained by Byrne, in the Franklia circuit court, against Baker Ewing, and Asa Beall, his appearance bail. Execution was sued out against Ewing only, on which a replevy bond was taken, with Faught as the security. A writ of error coram vobis 
      was prosecuted, and this variance between the judgment and execution, (amongst others) was assigned for error. On the trial, that court dismissed the writ of error; and Faught sued out his writ of error from this court, and assigned this as one of the grounds for reversing the judgment of the circuit court, in the writ of error coram vobis.
    
    If an execution by -virtue of which a re-plevy bond is taken, be irregular and crro-neousjit renders the replevin bond alfo erroneous.
    It was argued by
    Talbot, for the plaintiff in error ; and Allen, for the defendant,
    
      
      
         Abfent, Ebwar'ds, Ch J.
    
   Judge Trimble,

delivered the following opinion of the court:

The variance between the judgment and execution, was glaringly irregular and illegal. The replevy bond Js but a continuance of the execution ; is founded on it; recites that execution as the authority by which, it was taken; and this superstructure must be adjudged as un. lawful as the foundation whereon it is erected. The court, therefore, erred in refusing to, correct the proceed-, ings, when applied to.

Judgment reversed ; and the cause remanded, with direction to the inferior court to quash the execution S,nd replevy bond. .  