After stating the case as above, proceeded as follows: The case comes directly within the principles settled in the Justices of Pasquotank v. Shannonhouse. (ante 2 vol. p. 6,) and the Justices of Cumberland v. Armstrong, (ante 3 vol. p. 284,) and of other adjudications of this court. The judgment of nonsuit must be affirmed.

Per Curiam — Judgment aeeirmedv