¶2
The facts in this case are substantially the same as the facts in the ease of
William Burns v. Charles P. Noell,
this volume; and upon the authorities-in that case, and the cases therein cited, the judgment off the trial court is affirmed, with costs to plaintiff in error.
Hainer, J., who presided in the court below, not sitting;. Irwin, J., absent; all the other Justices concurring.
