It is ordered and adjudged by this court, that the judgment of the said court of appeals be, and the *Page 724 same is hereby, affirmed upon the authority and reasoning of the case of Cullen, as Vice Mayor, etc., v. State, ex rel. Cityof Toledo, by etc., 105 Ohio St. 545, 138 N.E. 58.
Judgment affirmed.
MARSHALL, C.J., JONES, MATTHIAS, DAY, ALLEN, KINKADE and ROBINSON, JJ., concur.