
    ERROR.
    [Hamilton Circuit Court.]
    Smith and Swing, JJ.
    
      J. H. Deglow’s Executor v. Henrietta Kruse et al.
    Divided Circuit Court.
    A divided circuit court, only two judges sitting, on error sustains the judgment of the court below.
    
      F. M. Garrison, tor the plaintiff.
    
      A. H. Bode, for Mrs. Kruse.
    This was a suit on a note for $2,300, secured by a mortgage given by Mrs. Kruse in settlement of an indebtedness of the firm of F. Kruse & Son, F. Kruse being the husband of Mrs. Kruse. She claims that when she signed the note it was with the distinct understanding that she was doing it merely as an accommodation to Mr. Deglow, and that she should-never be called upon to pay it. The court below, Sayler, J., held that as to Mrs. Kruse there is no liability.
    
      
       Reversed by the Supreme Court, 57 Ohio St., 434, that court holding that two judges of the circuit court form a quorum, but if they are divided in opinion, no valid judgment can be rendered.
    
   Smith, J.

This cause was heard some time ago by two of the judges ot the court. Judge Swing is ot the opinion that the evidence offered did not show that the defendant was liable upon the note and mortgage sued on. Judge Smith is of the opinion that it did. As a result of this decision the petition will be dismissed at the costs of the plaintiff.  