delivered the opinion of the 1 court. This case presents precisely the same 1 1 - question which we have fust decided in that _ J of Astor vs. Syndics of Saul and Morgan; and for the reasons there adduced, it is ordered, adjudged and decreed, that the judgment of the district court be annulled, avoided and reversed, and that the case be remanded to be proceeded in according to law, the appellees paying costs of appeal. Ante, 632.