Counsel for the plaintiff in error ask the court especially to certify that their judgment is in conflict with another judgment of the Court of Appeals in the case of Stearnes v Brandeberry, 9 Oh Ap 300. We undertook to distinguish the case of Stearnes v Brandeberry from the decision in the case at bar. We are of opinion therefore that the judgment for a certificate of conflict should be overruled. Application overruled.