
    No. 7294.
    Phillips v. Carter.
    (Decided December 9, 1902.)
    Error to the Circuit Court of Marion county.
    
      
      Mr. J. F. McNeal & Son and Messrs. Scofield, Durfee & Scofield, for plaintiff in error.
    
      Messrs. Crissinger & Guthery, for defendant in error.
   Judgment affirmed upon all grounds stated by the circuit court. Upon the evidence as appears in the record judgment should have been entered in favor of defendant in error

Burket, C. J., Spear, Shauck and Crew, JJ., concur.

Davis and Price, JJ., not sitting.  