#### ELIZABETH and WINIFRED LEE, by their Guardian and others, TRUSTEES of the BAPTIST CHURCH, of Newbern, v. Wm. H. PEARCE and wife, ELIZABETH.

This case also comes to the Supreme Court upon the appeal of the defendants. It will be seen from the following opinion of the Chief Justice, that the points raised in the Court below, by the defendant, are unne lessary to be stated, especially after the decision on the plair^ jiff’s appeal.

Justice & Uaughton, for appellants.

Green, contra.

Pearson, C. J.

The only mode by which the exceptions of the defendants to the ruling of his Honor on the question of admissibility of evidence could be presented to this Court, was by a motion for a venire de novo. There having been a verdict and judgment in favor of the defendants in the Court below, and the motion for a venire de novo being allowed, upon the exceptions and appeal of the plaintiff, there is nothing presented by the appeal of the defendants for this Court to act on. Indeed, if both .sides asked for a venire de novo, there was no reason why the new trial should, not have been allowed as of course.

The appeal is dismissed as being improvidently taken.

Per Curiam.

Appeal dismissed.