
    Owen Finnerty, by guardian, etc., Respondent, v. James H. Prentice, Appellant.
    (Argued September 30, 1878;
    decided January 21, 1879.)
    This case is not reported in full for the reason that the opinion for affirmance was not concurred in by a majority of the court.
    
      W. P. Prentice for appellant.
    
      Fred. A. Ward for respondent.
   Andrews, J.,

reads for affirmance; Church, Ch. J. and Earl, J., concur ; Miller, J., concurs in result; Hand J., reads for reversal; Folger and Rapadlo, JJ., concur.

Judgment affirmed.  