
    No. 9566.
    Dupler v. Simons.
    (Decided June 19, 1906.)
    Error to Circuit Court of Perry county.
    
      Messrs. Grossan & Binckley, for plaintiff in error.
    
      Messrs. Donahue S Spencer, for defendant in error.
   Judgment reversed and judgment for plaintiff in error as to injunction. Cause remanded to circuit court to ascertain value of coal taken and to render judgment in favor of plaintiff in error therefor.

Shauck, C. J., Price, Crew and Spear, JJ., concur.  