¶1In this action questions of title and' boundary to land arose upon the trial.
¶2There was conflicting evidence, and at the conclusion of his Honor’s charge to the jury he remarked, “ I shall hold that the plaintiffs are justifiable in bringing this action.”
¶3We cannot see, from the record that this remark had any proper connection with the case; and we are at a less to understand what bearing his Honor intended it to have upon the 'jury.
¶4We think it possible — yes, highly probable — that the jury understood his Honor to intimate that the plaintiff had a good cause of action, and that the evidence would warrant, or in his language, justify them in returning a verdict for the plaintiff.
¶5There must be a venire de novo.. Let this be certified.
¶6Pee Cueiam. Yeni/re de novo.