Upon consideration of tbe opinion and judgment at last term, tbe Court is of opinion, as alleged in tbe petition to rehear, tbat .tbe conclusion and judgment at last term should be reformed by striking out tbe judgment, “Defendant’s appeal dismissed,” and substituting in lieu thereof,after tbe word “record,” tbe words “In both appeals, New Trial,” as prayed in tbe petition to rehear.

Judgment reformed accordingly.-