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State on the Relation of E. S. P. Lippard v. James C. Roseman, Adm'r., Etc., and Others.
ByNUM, J.
The facts of this case do not materially differ 'from those stated in the opinion of the Court in the preceding case of Armfield v. Brown.
*35 As we there held that ch. §9, sec. 2, of the acts of 1866-’67 by virtue of which, a trial 'by jury was demanded, had been .repealed, that case is decisive of this and for the reasons there ■stated, the judgment ef the Coart below is affirmed.
The case is remanded, to be proceeded with, according to the course of the Court.
Pee Cttkiak. Judgment accordingly.