Judgment — Manifest error. The court ought to have answered the plea in abatement; to say it is overruled is not any proper answer. The court ought to have answered the question put in issue by the parties, viz. Whether the evidence was sufficient or not. A person’s accepting of a written security, for a parol promise from the promisor, extinguishes the parol promise; and the plaintiff having accepted a note from one of the joint promisors, the joint promise by parol was extinguished.