The opinion
Clark, O. J.,
concurring: The points raised by this appeal were decided in the former ease, Gibbs v. Drainage Comrs., 175 N. C., 5 , and that decision is conclusive of this case, which merely presents the same contentions in a different way.
Milton’s fallen angel does say, in the emphatic language quoted in the dissenting opinion in this case, that the judgment against him was final and conclusive, no matter “which way” he turned, but he completed the line by admitting the justice of the judgment. Paradise Lost, Book IY, line 75. Neither he nor any one else since has denied the conclusiveness nor the justice of the judgment. It has never been modified or reversed.