TWO terms of this court having elapsed since the appeal was granted by the District Court in this' case, Chapman Johnson, for the appellee, moved that itshouldnowbe *22docketted, and the judgment affirmed, itbeing a casefor dc* lay. The court (consisting of Judges Lyons, Carrington and Tucker'S upon the authority of the case of Mills against Black, 1 Call, 241, decided that the judgment could not be affirmed; but dismissed the appeal with costs.