delivered the opinion of the court.

This, like the case of McGahey v. Com’th, ante, p. 519, is an action under the act of May 12, 1881?, and the errors assigned are the same assigned in the foregoing case, and the judgment of the circuit court of the city of Richmond is affirmed, for the reasons set forth in the opinion of this court in the said case of McGahey v. Com’th.

Lewis, P., dissented.

JüDSMENT AEEIRMED,