Indiana Supreme Court November 26, 1883, No. 10,193 (Case v. Johnson)

Howk, C. J.

— This case is now before this court for the second time. Case v. Johnson, 70 Ind. 31. On the foi’mer appeal it was held, by this court, on the authority of Case v. Fowler, 65 Ind. 29, that an instruction of the trial court waseiTOneous, and the judgment was reversed and the cause remanded for a new tidal.