In bank.
OPINION
BY THE COURT
The opinion heretofore delivered in the above case, reported in 4 P. 473, is hereby approved and adopted by the court on rehearing, with the addition thereto of the following authorities: Welch v. Sackett, 12 Wis. 243; Kingsbury v. Burnside, 58 Ill. 310; Com. v. Jackson, 10 Bush, 424; Bell v. Hays, 11 Bush, 34; Palmelee v. Simpson, 5 Wall. 81.
Judgment and order affirmed.
McKEE, J., expressed no opinion; SHARPSTEIN, J., disqualified.