¶1delivered an oral opinion denying the motion, remarking, that it was of no moment which proceeding, a writ of error or an appeal, was pursued ; that it was one of those cases where it was of more importance that the rule should be settled, than what that rule was ; and that, in the absence of authority or precedent, the court felt at liberty to adopt such a course as was deemed most expedient; and that, on the whole, a writ of error was preferable to an appeal.
¶2Motion denied.