The case should be reversed, in accordance-with the opinion heretofore handed down at this term in Missouri, Kansas & Texas Railway Co. vs Phelps, 4 Ind. Ter Rep (76 S. W. 285). Reversed and remanded, with directions to the lower court to overrule the motion to dismiss the appeal and proceed with the case on its merits.
Raymond and Townsend, JJ., concur.