
    No. 4.
    ANDREW against CONRO.
    
      Franklin,
    
    1816.
    IT appeared that the declaration complained of an assault and battery on personal property; there was a plea of not guilty, to the assault and battery, and issue closed to the Jury thereon; there was a farther plea in bar, justifying the trespass upon the property, to which there was a replication of de inju-ra, &c. concluded to the country, to this there' was a special demurrer and joinder.
    The record shewed no trial of the issue of fact and no other judgment,except in these words: “Damages $53; Cost $37,58; Agreed to.” A plea in abatement to the writ óf error,- alledg» itíg that there was no judgment. Replication : There was a judgment and execution for the said sum of $53 damages, $37,58 costs. Demurrer.
   The Court decided. There was error in the record and judgment of the County Court, and that the same be set aside,&c. and the cause continued for this Court to render such judgment ás the County Court ought to have rendered.  