By the Court. —

[1.] There is.no judgment of'the Court below to be affirmed or reversed. The plaintiff in the Court below, as he had the' right to do, voluntarily dismissed his case. The case of Van Wormer vs. The Mayor, &c. of Albany, (18 Wendell, 169,) cited in support of the motion to dismiss the writ of error, is in point-Let the writ of error be dismissed.