It is ordered and adjudged that the judgment of the said Court of Appeals be, and the same is hereby, affirmed for the reason that none of the assignments *Page 605 of error urged by the plaintiff in error are presented by the record in this court.
Judgment affirmed.
MARSHALL, C.J., KINKADE, ROBINSON, JONES and MATTHIAS, JJ., concur. ALLEN, J., dissents.