This case presents the same questions that are decided in Coolman v. Fleming, ante, p. 117; and, on the authority of that case, the judgment ought to be reversed.

Per Curiam. — It is therefore ordered, on the foregoing opinion, that the judgment below be and it is hereby in all things reversed, at the costs of the appellees, and that the cause be remanded to said circuit court, with instructions to overrule the motion to dismiss said cause, and for further proceedings.