Simonton v. . Gaither

Byetom, J.

The sanie motions were made and overruled in this case, as in the ease of Simonton v. Lanier, decided at this term of the Court. The facts in the two cases, are almost identical, and therefore for the reasons given in the ease of Simonton v. Lanier, we hold the ruling of his Honor below, on the motion to arrest the judgment, erroneous.

The case is remanded to the end that the proper correction be made, and that upon the payment of the judgment and legal interest, satisfaction be entered of record.

Pee Cueiam. Judgment reversed and case remanded.