The following opinion was filed February 2, 1900:

The facts in this case are the same as in Barth v. Burnham, ante, p. 548, and the appeal is ruled in favor of the respondent by tbe decision in that case. '

By the Cowrt.— The judgment of the circuit court is affirmed.

*557A motion for rehearing was submitted on the brief of Winliler, Flanders, Smith, Bottum & Vilas, counsel, for the motion, and on that of Charles Quarles, of counsel, contra.

The motion was denied March 20, 1900.