text:  With seven of the questions therefore we have here no concern and have infinite satisfaction in disencumbering the case of such vexatious trifling--for such we consider it--and laying before our readers the remaining four questions which tended to raise the SINGLE POINT on which the judgment was reversed; a point be it observed which was not as it could not in the nature of things have been made in the court below--arising out of proceedings which took place after the court below having discharged their duty had become _functi officio_