Opinion
Argued September 25, 1871
Decided January term, 1872
Barlow Kennedy for the appellant.
D.K.M. Johnson for the respondent.
LOTT, Ch. C., reads for reversal.
HUNT and LEONARD, CC., concur.
EARL, C., reads for affirmance.
GRAY, C., concurs.
(The Commissioners dissenting agree with the majority upon the question of law, but hold that the evidence received could, by no possibility, have injured defendant.)
Judgment reversed and new trial ordered, costs to abide event.