
    Smith et al. v. State, ex rel. Board of Commissioners of the County of Kosciusko.
    [No. 5,699.
    Filed June 27, 1907.]
    
      .Appeal. — Transfer.—Where four judges cannot concur in the decision of a case in the Appellate Court, the cause will be transferred to the Supreme Court (§1337o Burns 1901, Acts 1901, p. 565, §15).
    Prom Kosciusko Circuit Court; Lemuel W. Boyse, Judge, pro tern.
    
    Action by the State of Indiana, on the relation of the Board of Commissioners of the County of Kosciusko, against Oliver P. Smith and others. Prom a judgment in favor of plaintiff, defendants appeal. (Por decision on the merits, see 169 Ind. —.)
    
      Transferred to Supreme Court.
    
    
      Frazer, Biggs & Frazer, for appellants.
    ' Coolc <& Graham, for appellee.
   Per Curiam.

This appeal having been submitted to the entire court and four judges thereof not concurring in the result, the case is transferred to the Supreme Court under section fifteen of “an act concerning appeals,” etc. Acts 1901, p. 565, §1337o Burns 1901.  