Bobbitt, C.J., and Draper, J., are of the opinion that the judgment of the court below should be affirmed. Emmert and Gilkison, J.J. are of the opinion that the judgment of the court below should be reversed. Flanagan, J. having been of counsel in the cause, and incompetent to participate in the decision for that reason, and the remaining judges having been equally divided at the last term and being equally divided at this term, the judgment of the court below is affirmed...
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