
    Philetus P. Birch and Another vs. George Brown.
    The plaintiff in error will be allowed to dismiss his writ of error on motion, on the payment of costs.
    
      Heard May 4th.
    
    
      Decided May 5th.
    
    
      Mr. D. E. Harbaugh, for plaintiffs in error,
    asked leave to dismiss the writ of error in this cause, on the payment of costs.
    
      S. Towle
    
    opposed the motion, claiming a right to have the judgment below affirmed.
   The Court granted the motion, stating it to be in accordance with the former practice.  