
    Timothy O’Toohil, Respondent, v. Lewis Smith, Appellant.
    Argued June 4, 1946;
    decided July 23, 1946.
    
      
      Be Silver Brew for appellant.
    
      George E. Carrie for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond,

Thaoheb and Fold, JJ. Taking no part: Dye, J.  