“This cause came on to be re-tried, under the mandate of the Supreme Court of the United States, to award a ven. fac.. de novo. See 3 Wheaton. When the cause was called for trial, the defendant objected, that the judgment of this Court upon a former trial, was still in force, and unreversed; as no writ of error had been sued out, to remove the record of that judgment into the Supreme Court; without which, that Court would not take jurisdiction of the cause.”