#### W. C. TATE v. L. J. ESTES.

Motion to set aside a judgment and execution, allowed by Mitchell, J., at Fall Term 1868 of the Superior Court of Caldwell.

The judgment had been taken by default at Spring Term 1868 upon a bond executed October 15,1866. The execution, which had issued from that term, had been levied September 21, 1868.

From the order made as above the plaintiff appealed.

Folic, for the appellant.

No counsel, contra.

Reade, J.

There is error. See Opinion in Jacobs v. Smallwood, at this term. Let this be certified.

Per Curiam. There is error.