
    Warner vs. Kelly.
    In this case the same doctrine is asserted as in the case of Warner v. Ball, (ante, p. SO.)
    Tse facts in this case are the same as in the case of Warner y. Hall, immediately preceding, and the application for the writ was made and argued at the same time as in that case.
    
      
      Allen T. Wilson, for the application.
   By the Court,

Bennett, J.

This ease depends upon the same principles which were laid down in Warner v. Hall, (ante, p. 90,) and the ruling must be the same.  