delivered' the opinion of the court.

This case is not to be distinguished from that of Hyde & Co. vs. Brashear, this day decided ; ante 40?. It must be viewed as precisely similar to that case, and receive the same judgment.

It is therefore ordered, that the judgment of the District Court be annulled, avoided and reversed; and that there be judgment against the plaintiffs as in a case of non-suit, with costs in both courts.