The cause was argued by W. Halsted, for plaintiff in error, no one appearing for defendant.

*700The court affirmed the judgment below by the following vote:

For Affirmance — Green, (C. J.) Robertson,Speer, Porter, Schenck, Spencer, and Whitehead — 7.

For Reversal — The Chancellor — 1.

Cited in State v. Baird, 4 C. E. Green 488.