¶1Home and Richards, was thought to have been settled by the former decision; but Ihe party desired to be heard on evidence; and the only question now is, whether the mill is injurious. The witnesses are divided; and the County Court and District Court sitting in the neighborhood, have both decided that it was not. The judgment of the District Court, must, therefore, be affirmed.
¶2Judgment affirmed.
¶3[* Coleman v. Moody, & H. & M. 18, Roane, J.]