Per Curiam.
The rule is settled, that if an error in fact is we][ assigned, and the defendant in error pleads in nullo est erratum, he confesses the fact. It was so laid down by Hale, Ch. J. in Okeover v. Owerbury, (T. Raym. 231.) who put the very case of infancy assigned for error. (9 Viner, 550.) The judgment must be reversed. Judgment of reversal.