After hearing counsel on this writ of error, the following questions were put to the judges; "Whether the evidence, and facts admitted upon which the demurrer had been joined, was sufficient in law to maintain the issue for the defendant in error? and Whether, if the evidence was insufficient or uncertain, a new venire ought to have been awarded?" And Mr. Justice Gould [710] having delivered the unanimous opinion of the judges upon the 1st question in the affirmative, submitted to the house whether any answer to the 2d question was necessary. Whereupon it was ordered and adjudged, that the judgment given in the court of Exchequer-chamber, affirming a judgment of the court of King's Bench, should be affirmed. (MS. Jour. sub anno 1783, p. 625.)
1591
