It is ordered and adjudged by this court that the judgment of the said Court of Appeals be, and the same is hereby, affirmed on authority of Davis et al., *Page 156 Board of Commissioners, v. Wiemeyer, Sr., 124 Ohio St. 103.
Judgment affirmed.
WEYGANDT, C.J., GARVER, HART, STEPHENSON, JONES and MATTHIAS, JJ., concur.
WILLIAMS, J., not participating.