The judgment in this case is affirmed, on the case of Rigsbee v. Bowler, ante, p. 167.

It should be observed, that this suit was pending when the act on the subject of jurisdiction, in- the Laws of 1861, p. 48, Wás jiassed. It may be further observed, that the judgment below was upon a default,, and no motion to set aside has been made.

Judgment Is affirmed, with 5 percent, damages and costs.