Devany

3 N.C. 239

Opinion

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.