May 27, 1901
Messrs. C. N. Sterry, Eugene Hagen, and I. E. Lambert for plaintiff in error.
Messrs. Wm. C. Cochran, J. McD. Trimble, and W. H. Wallace for defendant in error.
Mr. Justice Harlan delivered the opinion of the court:
The pleadings in this case are the same as in Lantry v. Wallace, just decided, 181 U. S. --, ante, 878, 21 Sup. Ct. Rep. 878. The demurrer to the answer and cross petition of Hood was sustained in an elaborate opinion by Judge Philips, holding the circuit court. 89 Fed. 11. The [182 U.S. 555, 556] judgment in that court was affirmed in the circuit court of appeals. Lantry v. Wallace, 38 C. C. A. 510, 97 Fed. 865.
For the reasons stated in the opinion just rendered in Lantry's Case, the judgment in this case is affirmed.