On Motion to Dismiss.
The opinion of the court was delivered by
Egan, J.
The motion'to dismiss this appeal, filed on November 9, 1877, is upon the identical ground taken in a former motion to dismiss, filed November 12,1875, which was overruled by our predecessors. The appellee can not be permitted thus to revive an issue already decided against him. The motion to dismiss is overruled.

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