VOLUME B.

DECISIONS OF JUNE TERM, ls46. SUPREME COURT OF ALABAMA Reported Jor the Journal and Flag.

BRADFORD, USE, &c. vs. BUSH.
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BRADFORD, USE, &c. vs. BUSH.

 Motion by defendant for rule on plain. tiff 10 show cause why the writ of error should moi be dismissed.

 The plaintiff recovered judgment below and after collecting it by execution, sued out a writ of error, and had ihe judgment re. versed at the present term.

 BowDoN, for the motion.

 s. F. RICE. contra.

 ORMOND, J-In his opinion says, if the motion had been made and not denied before the judgment of reversal, the writ would have been dismissed, unless the plain tiff refunded the money.

 Motion allowed, and a rule upon plaintiff granted 10 show cause at the next term oi this court why the certificate of reversal should not be stayed until the money is re- funded.