Otwell v. Messick

on recurring to sec. 11, Chap. 114, Rev. Code Amend. 695, as to the costs on a certiorari in such a case, gave the plaintiff léave to amend by withdrawing the former exception, which was to the judgment alone, and directed a judgment to be entered in his favor on the latter, setting aside the execution simply, as the stay of payment on the note had in the meanwhile expired.