
    FAXON v. RUSSELL.
    ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS.
    No. 846.
    Submitted January 13, 1879.
    Decided January 20, 1879.
    
      Arthur v. Davies, 96 U. S. 135, followed.
    
      Arthur v. Bheims, 96 U. S. 113, applied.
    
      Mr. Charles Levi Woodbury for plaintiff in error.
    
      Mr. Attorney General for defendant in error.
   Mr. Chief Justice Waite

announced the judgment of the court.

The judgment in this ease is reversed upon the authority of Arthur v. Davies, 96 U. S. 135, and the cause remanded for further proceedings in accordance with this decision. Upon another trial, however, no allowances can be made for the reduction of ten per cent claimed under Sec. 2. of the act of June 6, 1872, (17 Stat. 232,).that point having been decided adversely to the plaintiff in error in Arthur v. Rheims, 96 U. S. 143. Reversed.  