Same Case — On a Re-hearing.
Spofford, J.Considering that the case went off in the court below lupon an exception to the sufficiency of the plaintiff’s petition, which admitted all the allegations of fact therein contained to be true, and that in Wood v. Henderson, 2 An. 220, no assignment of errors was held necessary in this class of cases.
It is ordered, that the judgment dismissing this appeal be set aside, and the cause set down for trial upon its merits.