¶1delivered the opinion of the court.
¶2According to the case of Caldwell against Holly, just decided, the court below erred in rendering judgment against Mitchel, in a motion aga'inst him as deputy sheriff, under the act of January, 1811, concerning sheriffs.
¶3The judgment must, therefore, be reversed with cost, the cause remanded to the court belotv, and the motion dismissed with cost.