The appeal in this case must be dismissed upon the authority of the case of Ketchum & Wife v. Dennis & Wife, in manuscript, filed at the June term, 1867.

The language of the ordinance and the acts of 1867, (Pamphlet Acts, 892, 568) is almost identical. So nearly, that we can make no. distinction as to the right of an appeal from the ruling of the court below, upon an application for a new trial.

Let the appeal be dismissed at the cost of appellant.