
    Mitchel v. Bernheimer et al.
    APPEAL from the Marion Common Pleas.
    
      U. y. Hammond and y. M. yudah, for appellant.
    
      A. G. Porter, B. Harrison, and C. C. Hines, for appellees.
   Pettit, J.

This case is the same, in all legal respects, and so admitted to be by the counsel on both sides, as the case of Mitchel v. Noell, ante, p. 399, and must abide its fate.

The judgment is affirmed, at the costs of the appellant, with two per cent, damages.  