This court have now no chancery powers whatever, strictly speaking. In hearing this appeal we sit as a court of error merely, to examine into errors both of fact and of law, but not to re-examine any matter resting in the discretion of the chancellor. The sending an issue to be tried by the jury, is a matter of that character purely ; and, although common, both in England, and in many of these states, has- not, to our knowledge, been practiced in this state. Motion overruled.