Counsel for appellant present but one *375point, which is upon the ruling of the Court on a motion, &c., to continue. The affidavit presented appears to be in accordance with the provision of the statute, § 322, 2 R. S. p. 108. Upon that affidavit a continuance should have been granted.

The record states that the continuance was refused on the counter-affidavit of the plaintiff. Counter-affidavits should not have been received.

The judgment is reversed with costs.