Walker, J.
The evidence showed that the note sued on, was given to suppress a prosecution for felony, and is therefore void; the transaction itself was criminal, Eev. Code, Sec. 4423; and if the note had been paid, would have been no defence to an action for the tort, the alleged taking of the mare. Eev. Code, Secs. 2999, 3000. Such being the case, the Court erred in dismissing the certiorari. Judgment reversed.