From Nash. This was a motion to vacate a judgment, made upon the following facts. A suit depending in Nash County Court between the Plaintiff and Defendant, in May 1815 was referred to arbitrators, and the order of reference was renewed from term to term until August 1815. On the 25th of September 1815, the arbitrators returned an award in favour of the present Defendant, and thereupon a writ off. fa. issued against the present Plaintiff, bearing teste August term 1815.
Decided 1821-06-05
¶1I agree in the result that the clerk should be directed to expunge the judgment by him entered in vacation; and to me it seems a sufficiency appears on the record sent to this Court by the appeal to authorize it. The affidavits read *145
in the court below were the grounds on which the motion was made there; the same affidavits form part of the record sent here. It is not necessary that they should be entitled or have a caption. The caption of the record of which they are a part is sufficient.
