¶1delivered opinions in favor of affirming the judgment of the supreme court, and Senators Bockee, Clark, Jones, Rhoades and Wright, in favor of reversing it. And
¶2On the question being put “ Shall this judgment be reversed?” the members of the court voted as follows:
¶3For reversal: Senators Backus, Bockee, Burnham, Clark, Faulkner, Johnson, Jones, Platt, Rhoades, Scott and Wright—11.
¶4*388For affirmance: The Chancellor and Senators Bart-lit, Denniston, Lawrence, Lester, Lott, Mitchell, Putnam, Smith, Strong and Works—11.
¶5Judgment affirmed.