The opinion of the court was delivered by

Eor the reasons so well assigned by the president judge, the court below were right in refusing to set aside the fi.fa. in this case, upon the ground of a writ of error pending in this court; which did not operate as a supersedeas, because there was but one surety in the recognisance of hail in error. There was nothing in the circumstances of the case to take it out of the general rule.

Judgment affirmed.