
    No. 10346.
    Hieatt v. Simpson et al.
    Decided October 15, 1907.
    Error to the Circuit Court of Hamilton county.
    
      Mr. W. T. Porter, for plaintiff in error.
    
      Messrs. Worthington & Strong and Messrs. Outcalt & Foraker, for defendants in error.
   Judgment reversed and judg-' ment for plaintiff in error.

Shauck, C. J., Summers and Davis, JJ., concur.  