Opinion by

This appeal was heard and considered in connection with *458No. 186, January term, 1899, Martha A. Case v. same defendant, ante, p. 450, in which an opinion has just been filed reversing the judgment of the court below and ordering a new trial. Both cases involve the same questions of fact, etc.; and for reasons given in the opinion referred to, the judgment in this case is reversed and a venire facias de novo is awarded.