Suit by Thornburgh against Brownlee, on a note made by the latter to one Martindale. Judgment by default. The note does not appear to have been indorsed by Martindale, nor was he made a party. The proceeding, in this respect, was erroneous; but as no steps were taken in the Court below to correct the error, we can not reverse the judgment, but must dismiss the appeal, and leave the parties to proceed as they may be advised, in the Court below.

The appeal is dismissed, with costs.