It having been ruled in the ease of Isaacs, executrice, v. Swindell & Co., ante, 506, that the court below erred in reinstating the motion for a new trial in this ease after having dismissed the same, the judgment of the court below upon the motion, overruling the same, should be vacated and set aside and the motion for new trial stand dismissed; and it is ordered' and directed accordingly.

Judgment reversed with direction.