Emmons C. Carlson, Appellant, v. Irna Phillips, Appellee.

Gen. No. 43,294.

*595Heard in the first division, first district, this court at the December term, 1944;

opinion filed October 15, 1945;

rehearing denied October 30, 1945;

released for publication October 30, 1945.

Arthur A. Sullivan, J. A. Cobbey, Jacob Shamberg and Earl K. Schiek, for appellant;

Kirkland, Fleming, Green, Martin & Ellis, for appellee;

Weymouth Kirkland, Howard Ellis and J. B. Martineau, of counsel.