delivered the opinion of the court.

This case is like “ The City of Sullivan v. W. K. Whitfield,” which has been decided by this court at this term, and for the reasons given in the opinion in that case, the judgment of the Circuit Court in this case will also be affirmed.

The foregoing opinion was written by Mr. Justice Benjamin R. Burroughs during his term as justice of this court, and is now adopted as the opinion of this court.

George W. Brown,

Presiding Justice.