'Tliis ease came to the Supreme Court on a writ of error to the overruling of a motion for new trial; and being for decision by a full bench of six Justices, Beck, P. J., and Hill and Gilbert, JJ., being of the opinion that the judgment should'be affirmed, and Russell, C. J., and Atkinson and Hines, Jj., being of the contrary view, the judgment of the trial court : stands affirmed by operation of law.