The writ in the case issued in the name of Taylor and Embree, plaintiffs. The complaint was filed in the name of James Taylor and Jesse Embree, partners under the name of Taylor and Fhnbree, against the defendants. The defendants moved to dismiss the suit for the variance. The Court overruled the motion. The issues were then made up. Trial; and judgment rendered for the plaintiffs.

The judgment is affirmed with 5 per cent, damages and costs.