This case falls within Zehnor v. Beard, at the present term (1).
The judgment is affirmed with costs.
Ante, 96. The President, &c., of the Terre Haute and Richmond Railroad Company v. McCormack, on appeal from the Hendricks Circuit Court, was this day affirmed, for the same reason. H. C. Newcomb and J. 8. Harvey, for the appellants. C. C. Nave, for the appellee.