
    In re BIG TARKIO DRAINAGE DISTRICT v. HENRY NABOR, Appellant.
    Division Two,
    March 24, 1914.
    Appeal from Holt Circuit Court. — Hon. W. G. Ellison; Judge.
    Reversed and remanded (with directions).
    
    
      H. B. Williams and Frank Petree for appellant.
    
      John M. Williams and W. H. Richards for respondent.
   ROY, C.

— All the material facts necessary to be passed upon in this case are the same as in the case of the same plaintiff against Fritz Yoltmer, which has just been decided. [Ante, p. 152.] For tbe reasons stated in tbe opinion in tbat case, tbe judgment is reversed and tbe cause remanded with directions to dismiss tbe proceeding to assess benefits and damages.

Williams, G., concurs.

PER CURIAM.

— Tbe foregoing opinion of Roy, C., is adopted as tbe opinion of tbe court.

All concur.  