The defendants' objections are, in effect, a motion for a rehearing of the first question decided in this case at the March term, 1877 (58 N.H. 76). As there has been a jury trial of the case since that time, the motion is not seasonably made. *Page 50 Bell v. Lamprey, 58 N.H. 124; Ashuelot R. R. v. Elliot, 58 N.H. 451, 452.

Objections overruled.

CLARK, J., did not sit: the others concurred.