The opinion
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repealed, that case is decisive of this and for the reasons there ■stated, the judgment ef the Coart below is affirmed.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.