The Opinion of the Court was delivered by

The motion is granted. A Writ,of Error, like a Scire Facias, is considered as a new action. 2 Tidd’s Pr. 1141; and the statute relative to costs requires the Court to dismiss the suit, whenever a non-resident commences an action, either in the Circuit or Supreme Court, without filing security for the costs.

Dismissed at the cost of the plaintiff in error.

Motion alloived.