¶1By the Oowrt —
¶2— The material questions of law and fact are the same in this, as in the case of John M. Castner vs. Jacob G. Gunther, heard and decided at the present term. And as the two were argued, submitted and considered together, the opinion filed in Castner vs. Gunther was intended to apply to this case also. (Ante, ¶. 119.)