Appeal from the District Court of the Seventh Judicial District, County of Solano.

This was an action by the plaintiff, Bryan, against D. M. Berry, John H. Berry, and James H. Gordon, on a joint and several promissory note. Judgment was rendered there’on, on the tenth day of January, 1856, against all the defendants, jointly, for thirty-eight hundred dollars, and costs. A notice of a motion for a new trial, on behalf of D. M. Berry, was given, on the twenty-sixth day of January, a. d. 1856, and sustained by the Court. The case was afterwards tried between the plaintiff and D. M. Berry, at the March Term, 1856, of the Court below, and judgment rendered against the said D. M. Berry, for forty-one hundred and seventy-six dollars and sixty-three cents, and costs. An appeal was afterwards taken to the Supreme Court, by D. M. Berry, but no undertaking on appeal, filed to stay execution, was given. At the hearing thereof, in this Court, the judgment was reversed, at the October Term, 1856.

On the fifth July, 1856, execution was issued, as upon a judgment in favor of the plaintiff, and against all the defendants, for fortv-one hundred and seventy-six dollars and sixty-three cents, and costs.

On the seventh July, 1856, the sheriff made a levy upon cattle, etc., and on the fifteenth July, 1856, sold the same.

On the fourteenth July, 1856, D. M. Berry, the appellant, and the other defendants, gave notice of a motion to set aside the execution issued, and the levy made under it, on the ground that such execution was erroneous, irregular, and void. The motion to set aside said execution, etc., was heard on the twenty-ninth September, 1856.

On the thirtieth September, 1856, the District Judge made an order, denying the motion to set aside the execution, and in the same order stated that a cross motion was made, on behalf of plaintiff, “ to amend the record of the judgment, and the proceedings upon said record, and also the docket of said judgment,” and “ ordered that the judgment-record, and proceedings therein, made on the-day of June, 1856, in the above enti-

tled cause, be amended, by making the entry of judgment correspond to the title of the cause, so that such judgment shall stand against Daniel M. Berry, defendant, severally, as impleaded with John H. Berry and James H. Gordon, and that the docket of said judgment be altered, so as to conform thereto, and that such amendment be made nunc pro tunc, so that such judgment shall be in all respects a perfect several judgment against said Daniel M. Berry, for the sum therein specified, from the date of which the same was entered, and that the execution issue on said judgment, and all proceedings therein be made to conform to the judgment, as amended by this order.”

Erom the order made as above, the said Daniel M. Berry appealed to this Court, on the eighteenth day of ¡November, 1856.