
    No. 10835.
    Wallace v. Spellacy.
    Decided October 27, 1908.
    Error to Circuit Court of Harrison county.
    
      Mr. R. H. Minteer, for plaintiff in error.
    
      Mr. Milton Taggart and Mr. D. A. Hollingsworth, for defendant in error.
   Judgment of the circuit court reversed and that of the court of common pleas affirmed.

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