Walker vs. Ashe.

iT'HIS was a bill in equity, and the counsel on both sides agreed -*■ to leave to the court the whole cause, and not to impanel a jury as to the contested facts. In the course of the hearing, Wal-iccrsds counsel offered a witness to be examined.

Johnston, Judge.

He may be examined on an issue tried by a jury, but in qo other .case.