(dissenting) — I do not consider the Birch case sound and think it should he overruled, and therefore dissent from the opinion in this case.
Hovey, J., concurs with Mackintosh, J.
(dissenting) — I do not consider the Birch case sound and think it should he overruled, and therefore dissent from the opinion in this case.
Hovey, J., concurs with Mackintosh, J.