
    WILLIAM H. PETTIS, Appellant, v. DELOS D. PIER and another, Respondents.
    Appeal from a judgment in favor of the defendants, entered upon the verdict of a jury, and from an order denying a motion for a new trial, made upon the judge’s minutes.
    The opinion delivered at the General Term was entirely devoted to an examination of the facts of the case, and the judgment was reversed, for the reason that the judge at the circuit had submitted to the jury certain'questions of fact; such submission being unauthorized by the evidence given at the trial.
    
      Ball & Bearle, for the appellant.
    
      Bagg <& Oollins, for the respondents.
   Opinion by Mullin, P. J.

Judgment reversed and new trial ordered, costs to abide the event.  