#### JOSEPH HOSKINS v. J. M. WEITH.

Motion to set aside a verdict and judgment, the latter obtained at Pall Term, 1870, heard by Tour gee, J., at Pall Term, 1872, of Guilford Superior Court.

The same facts axe involved as in the case of Powell v. Weith, supra. Prom the decision of his Honor, .disallowing his motion to set aside the judgment, the defendant appealed.

Dillard, Gilmer & Smith and Scott, for appellant.

*346 Morehead, contra.

Reade, J.

The facts in this case are the same as in Powell v. Weith, decided at this term, and the principles' governing it are the same, and the decision is the same for the same reason.

There is no error.

Per Curiam.

Judgment affirmed.