¶1delivered the opinion of the Court—Terry, C. J., concurring.
¶2The various questions made by the record have either been repeatedly settled by this Court, or are decided by reference to plain elementary principles. There is no single point taken, which, in our judgment, justified this appeal, and it would he a waste of time to notice the points in detail.
¶3The judgment is affirmed, with five per cent, damages.