I concur. Considered by itself section 1723 of the Code of Civil Procedure would seem to demand the construction contended for by the respondents. But that construction, in my opinion, would bring it in conflict with the constitution, and therefore, I think, we are bound to confine its operation within the more restricted limits indicated by our former rulings.
A petition for modification of the judgment was denied on April 13, 1911, and the following opinion was rendered thereon: