
    Smith and Others v. Johnson.
    
    APPEAL from the Vigo Circuit Court.
    
      
       This case was first decided May 27, 1857. A petition for a rehearing, filed on the 15th of June, of that year, was granted.
    
   Per Curiam.

We think the judgment in this case must be reversed, and the cause remanded for a further trial, for error in the Court below in refusing instructions to the jury. We think there was some evidence to which the instruetion refused might have been applicable; and the case is not so clear on the evidence as to authorize us to decide the case upon [it], regardless of the error of the Court above stated.

J. P. Usher, for the appellants.

S. B. Gookins, for the appellee.

The judgment is reversed with costs. Cause remanded, &c.  