
    Kirk, Appellee, v. Board of Commissioners of Columbiana County, Appellant, et al.
    (No. 28220
    Decided November 20, 1940.)
    
      
      Mr. W. B. Moore and Mr. H. L. McCarthy, for appellee.
    
      Mr. Karl T. Stouffer, prosecuting attorney, for appellant.
   By the Court.

The judgment of affirmance was entered by the Court of Appeals in the present proceeding prior to our decision in State, ex rel. Cox, v. Hooper, County Aud., ante, 222, 28 N. E. (2d), 598.

The facts in the case at bar bring it within the principle announced in the case cited.

The judgment of the Court of Appeals will be reversed and final judgment entered for the appellant.

Judgment reversed and final judgment for appellant.

Weygandt, C. J., Day, Zimmerman, Williams, Matthias, Hart and Turner, JJ., concur.  