No facts are stated, upon which to enable this Court to decide, whether it was erroneous to discharge the rule or not. As we can see no error, the judgment of the Court below must be affirmed, as a matter of course.

The affidavit, which is sent as a part of the case, is only evidence. The Court should have ascertained and stated the facts, so as to present the question of law.

Ordered to be certified accordingly.