#### Devany and Bobbit vs. -

HE now plaintiffs were surties on an appeal bond, drawn differently from what is prescribed by the act of Assembly. The Court of Conference had condemned such bonds in other cases, and discharged the defendants. Upon this bond, however, being with condition “ to pay all costs and charges in case the appellant should he cast ,3’ this court l;#u entes ed up judgment *240against them imtanter on motion, for the principal and costs. The plaintiffs obtained a supersedeas — and new moved to have the said judgment set aside ; and they urged by their counsel, that at this day the court would give the same relief on motion, as they would give on an múdela querela : and he citeo Bos an . qiiet, 428. French law, 488. 3 Bi. Com. 408. 4 Mo. 314. And he said this was a case which the court would give relief in, upon an audela querela ; because judgment being entered instanter, the party had no opportunity to shew to the court the insufficiency of the bond.

Hall, Judge,

took time to consider, and discharged the super* sedeas — saying, that though the judgment was erroneous, he had no power to alter it.

Vide Andrews 20, where, in an action of account, the defendant pleaded that he had fully accounted ; the jury found he had not, and assessed damages; T;-e plaintiff entered final judgment and issued execution, and the whole court decided that the judgment was wrong j and that being irregular, it may be set aside on motion.