
    
      David S. Jarvis v. Francis A. Palmer.
    
    R. F. Winslow, for appellant;
    S.. B. H. Judah, for respondent.
   Order of the vice-chancellor of the first circuit reversed, so far as re* lates to the first demurrer, and that demurer allowed ; and the order affirmed so far as relates to the disallowing of the second and third demurrers and the plea to be Without preju* dice to the defendant’s right to insist upon the same matters in his answer. Neither party to have'costs as against the other.  