#### ANDERSON v. BENJAMIN, ex use, etc.

APPEAL-RROM CLARK CIRCUIT COURT.

Hon. E. J. Searle, Circuit Judge.

James J. Witherspoon, for‘Appellant.

Bennett, J.

No motion for a new trial having* been filed in the court below, this case stands the same as Merriweather vs. Erwin; Steck vs. Mahar, etc., and others.

Gregg, J., dissenting, says: For the same reasons stated in the case of James iT. Merriweather vs. Elmt Erwin, I dissent from the opinion of a majority of the court in this case.