Hines, J.
This court having reversed the judgment of the trial court refusing to grant a new trial on a motion excepting to the rendition of the first verdict in the case, it becomes unnecessary to pass upon the questions raised in this bill of exceptions; and this case is remanded to the court below, with instruction to vacate the second verdict and the decree rendered. ■Judgment affirmed, mth direction.
All the Justices concur.