
    John H. Swearingen, Appellee, v. Joseph McGovern, Appellant.
    Gen. No. 9,607.
    
      opinion filed October 29, 1948;
    released for publication November 24, 1948.
    Wayne C. Townley and Chester Thomson, for. appellant; Branson Wright, for appellee.
   Opinion by Not to be published in full.

Justice Wheat.  