The opinion of the court was delivered, January 5th 1869, by

This case is governed by the decision in Glidden v. Strupler, 2 P. F. Smith 400, which seems to have been overlooked by the plaintiff in error. The principle in Rumfelt v. Clemens, 10 Wright 455, was there examined very fully, and the doctrine of that case reaffirmed.

Judgment affirmed.