
    No. 10614.
    The Roby Coal Co. v. Hill.
    Decided December 15, 1908.
    Error to Circuit Court of Harrison ’county.
    
      Messrs. Perry & Rowland, for plaintiff in error.
    
      Mr. Albert O. Barnes, for defendant in error.
   Judgment affirmed as to the judgment of reversal and the final judgment of circuit court reversed and cause remanded to court of common pleas for further proceedings according to law.

Price, C. J., Si-iauck, Crew, Summers, Spear and Davis, JJ., concur.  