John Clark and Allen M. Oakley, plaintiffs in error, vs. Levin Cropper, defendant in error.

1. The assignment of a note must be proved on the trial to entitle the assignee to judgment.

2. The case of Stroud v. Harrington, ante, cited and approved.

July, 1833.

— Error to Hempstead Circuit Court, determined before Thomas P. Eskridge and Alexander M. Clayton, judges.

Opinion oe the Court. — There is an error in the judgment of the circuit court in rendering judgment against the defendant without the production of any evidence to prove the assignment of the note'on which the action was brought. The case of Stroud v. Harrington, decided at the January term, 1831,1 is in point, and contains the reasons upon which this opinion is based. The time at which the assignment was filed up at the trial, we do not regard as erroneous. Judgment reversed.