Page:American Historical Review, Volume 12.djvu/360

 350 Docwnents appeal because if it reversed the judgment the court rendered on th<-, report of referees it was repugnant to the constitution of this State and if it did not reverse the judgment the same might be pleaded in bar on the appeal Whereupon after a full hearing of the parties by their coun- sel learned in the law and fully deliberating upon the constitution of the State and nature and operation of the act, it appears to the Court that if the act virtually or really reverses the judgment of this Court it is repugnant to the bill of rights and constitution of this State and if the Act does not reverse the said judgment the Court cannot render another judgment in the same case upon appeal while the first judgment remains in full force It is therefore considered by the Court that the said Act is ineffectual and inadmissible and that the said action be dismissed. ( Manuscript record, Superior Court for the County of Rockingham. September, 1791.)