MARSHALL, Ch. Justice.
The majority of the Court is of opinion that the motion to re-instate the cause, was an application to the discretion of the Court, and its refusal is not a ground for a writ of error.
After the Court had delivered this opinion it became a question whether the writ of error should be dismissed, or the judgment affirmed.
After consideration of the case again,
On the 7th of March,
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