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William L. Stapler, in error v. Joseph F. Burns, in error
McCay, Judge.
We can only suppose this demurrer was sustained in the haste of pressing business on the Circuit.
The Code, section 3755, is plain and emphatic, and however questionable may be the policy of it, and however the rule of the common law may be, the will of the law-making power of this State must be the rule of action for us.
Judgment reversed.