
    WILLIAM W. NICKALS, Appellant, v. THOMPSON J. BIRD, Respondent.
    Pbe-empticot Claim ITndee IT. S. Laws.—
    Appeal from the District Court of the Sixth Judicial District, Eureka County.
    
      Bishop (& Sabin, for Appellant:
    
      Baker & Wines, for Respondent:
   By the Court,

Belknap, J.:

The same question is presented in this case as in that of Nickals v. Winn, ante.

Upon the authority of that case the judgment herein is reversed and cause remanded, with instructions to the district court to enter judgment in favor of plaintiff', with costs.  