Brown, by Brown his next friend, against Lerow

Brown, by Brown his next friend, against Lerow. It seems that on issue of fact upon a writ of error, and verdict for the plaintiff, the rule for reversing the judgment is not a common, rule. On certiorari to a Justice’s Court. Brown, the plaintiff in error, assigned infancy for error, on which issue was taken ; and being tried and the jury having found the infancy, the plaintiff’s attorney filed the nisi prius record, postea, &c., and entered a rule of course, in the common rule book, for a reversal of the judgment below; and now apprehending that this was not correct practice, on an affidavit of the above facts, S. Starkweather, for the plaintiff, moved {ex parte) to vacate the common rule, and enter a rule for reversal as upon a special motion. [MAJORITY — Curia.] Curia. Take your rule. Motion granted.