| Mo. | Mar 15, 1851
delivered the opinion of the court.
The facts and the pleadings in this case being substantially the same as those secondly passed upon in the case of the State vs. Hays, (13 Mo. 276" date_filed="1850-03-15" court="Mo." case_name="Tumilty v. Bank of Missouri">13 Mo. 276), and the opinion of the court as there rendered remaining unchanged, the judgement of the circuit court is of course reversed and the cause remanded.