dissenting:'

This case does not materially differ from Gandy v. Weckerly, ante, p. 79, in which I have this day filed a dissenting opinion, and for the reasons there stated, I would reverse the judgment in this case with procedendo.

Opinion by

In an opinion filed tiiis day in Gandy v. Weckerly, ante, p. 79, the question involved in this case is disposed of, and inasmuch as the affidavit in that case is more adequate in its statement of the defense, it is not necessary to repeat what is therein said.

The judgment is affirmed.