#### Emmet Kennedy, appellee, v. William Grimshaw, appellant.

Gen. No. 32,081.

Heard in the second division of this court for the first district at the October term, 1927.

Opinion filed February 14, 1928.

Rehearing denied February 28, 1928.

Glennon, Cary, Walker & Murray, for appellant; Sidney C. Murray and L. Beers-Jones, of counsel.

Charles J. Trainer, for appellee;

Mr. Justice Gridley

delivered the opinion of the court.