ASHLEY IS Ilapa & GOODRICH.

 Errn1. Ia EnLasLi.
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 lis true that party by moving for new trial, valves his exceptions taken al the trial, and should the motion be adjudged against him, cannot again resort to his exceptions.

 But should the party, in his exceptions 10 the opinion of the court in ovcr-ruling his motion for a new trial, set out the points ol law and evidence, that the court passed up- on, they thereby become part of the record, and he is entitled to the benefit of them.

 Though under OUT Statute one or both ot the parties to a joint contract may be sued, at tie election of the plaintiff, yet fl he sue both, he elects to treat it as a .joiHt contract, and cannot discontinue as to one ef the de- fendants regularly served with process, or who has entered his appearance to the ac- ton and take judgment against the other.

 Where suit is brought against two, and discontinued as to one, judgment against the other for ell the costs of the suit is er- roneous.

 The unsusPended judgments of lhis court become final, and pass beyond its oWn caa- trol, at the close of the term at which they are rendered, and cannot be opened at q subsequent term fer re-heafing

 \ judgment of this court is uot suspended by the filing Of a motion for leave to present petition Iora re-heafing, no rby the granting of that leave by the court; nor is s4cs tha effect of filing the Petidon.-Rerersed