May v. Slaughter

The Chief Justice

delivered the opinion of the court.

The only question material to be decided in this case is, in substance, the same as that which occurred in the case of Baird and al. vs. Rowan, &c. and for the reasons and upon the principles there stated, the decision of the court below is erroneous.

The judgment must he reversed with cost, and the cause be remanded for a new trial to be had.