
    Turney, Exrx., et al. v. Cook, Aud., et al.
    (No. 21376
    Decided April 3, 1929.)
    
      Messrs. Turney & Ripe, for plaintiffs in error.
    
      Mr. Charles B. Cook and Mr. Howard M. Razor, prosecuting attorneys, and Mr. H. J. Redmond, for defendants in error.
   It appearing that the judges of the court are equally divided in opinion as to the merits of the case (one of the judges not participating), and are unable for that reason to agree upon a judgment, the entry of this fact constitutes an affirmance of the judgment of the Court of Appeals.

Judgment affirmed.

Jones, Matthias and Day, JJ., concur.

Kinkade, J., not participating.  