Concurred.
LYONS, Judge. The points of law were decided by the Court, under the motion to instruct the jury upon the law. It was too late to insist upon a special verdict, after having the points of law decided in another manner. The plaintiff pursued the executors of the obligor, but could obtain no satisfaction; and his own assignor was consequently liable. I think, therefore, that the judgment must be affirmed.
PENDLETON, President. Concurred.
Judgment affirmed.