JUDGES: Baldwin, J. delivered the opinion of the Court. Terry, C. J. concurring.
OPINION
BALDWIN, Judge
On rehearing, Baldwin, J. at the July Term, 1860, delivered the opinion of the Court--Field, C. J. and Cope, J. concurring.
We passed on this case at a former term. We have since reviewed the opinion, at the instance of the respondent's counsel. We see nothing to change the judgment before directed; and nothing in the points, which are purely technical, requiring further elaboration. The former opinion is adopted as explanatory of the grounds of our decision.
Judgment reversed, and cause remanded.
See Browner v. Martin , 15 Cal. 9; Prader v. Grim, ante, 585.