This case I consider as settled, by the determination of the court in Brown v. Brown, in the county of Fairfield, ante, 269. I did not assent to that decision; and, on deliberate reflection, I am the more confirmed in the opinion I then expressed. But, bound by the judgment rendered in that case, which is entirely analogous to this, I would not grant a new trial.
The other Judges concurred in the same result.New trial not to be granted.