MR. JUSTICE MATTHEWS delivered the opinion of the court. After stating the facts in the language above reported, he continued:
Before proceeding to consider this case, as presented by the findings of fact, it is necessary to dispose of an assignment of error based on a ruling of the Circuit Court during the progress of the trial. It appears from a bill of exceptions that "the plaintiff offered to prove that a tender of the money, under decree of the Supreme Court...
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