Note — The case of Sarel, adm’r v. Wine, 3 East 408, fully supports the opinion of Judge Ashe. Vide also, 2 Sand 63, a note b. 1 Chit. Plead. 204-5. 2 Chit. Plead. 96. But see Bank of Newbern v. Sneed, 3 Hawks, 500. As to the point of the new trial, Vide Allen v. Jordan, 2 Hay. 332. Jones v. Zollicofer, 2 Hawks, 492. Smith v. Shepbard, 1 Dev. 461.