We are of opinion, that by the plea of in ' nullo est erratum, it is confessed that Reuben Moore, junr. an infant, did appear by attorney; and we are also of opinion, that the appearance of an infant by attorney in the Court below, is assignable for error in this Court. It was so decided in Sliver v. Shelback, 1 Dall. 165. The judgment must therefore be reversed.

Judgment reversed.