3.  Where  a  rehearing  is  granted  on  one  ground  but  refused  on  an-

other, the  original  decision  as  t-o  the  latter  is  binding  as  a  prece-
dent.   I  h.
4.  An  execution  will  not  be  allowed  to  issue  to  satisfy  a  charge  upon

land  in  partition  proceedings  until  the  confirmation  of  the  com-
missioners' report.     In  re  Axisbpm,  42.
5.  Where  a  plaintiff  takes  a  voluntary  non-suit,   the  judgment  is  a

final  determination  of  the  matter  in  issue  and,  if  an  injunction
has  been  issued,  the  defendant  can  have  his  damages  assessed
upon  motion  in  the  cause.     Timber  Co.  v.  Rountree,  45.
6.  Upon  the  dissolution  of  an  injunction  and  final  judgment  against

the  plaintiff  no  matters  can  be  heard  in  the  assessment  of  dam-
ages which  constituted  a  defence  to  the  action.     Jb.
7.  The  right  of  the  defendants  to  recover  damages  against  the  plain-

tiff and  his  sureties  on  an  undertaking  in  an  injunction,  upon
the  dissolution  of  the  injunction,  is,  under  the  provisions  of
Chapter  251,  Acts  of  1893,  limited  to  the  penalty  of  such  under-
taking    Jb.
8.  Rehearings  of  decisions  of  cases  of  this  Court  are  granted  only  in

exceptional  cases  and,  when  granted,  every  presumption  is  in
favor  of  the  judgment  already  rendered.     Weisel  v.  Cobby  67.
9.  Where  neither  the  records  nor  the  briefs  on  the  rehearing  of  a

case  disclose  anything  that  was  not  apparently  considered  on  the
first  hearing,  the  former  judgment  will  not  be  disturbed,     lb.
10.  The  finding  of  a  referee  as  to  a  particular  fact  should  be  con-
firmed if  not  excepted  to.     Cfiard  v.  Warreriy  75.
