
    LEWIS A. SCOTT ELLIOT, Respondent, v. GEORGE C. WHITMORE, and Another, Appellants.
    
    Appeal. — Reversal.—Proceeding by Court Below. — It appearing on appeal from the judgment, that the lower court has already set the judgment aside and granted a new trial, the-judgment will be reversed.
    (No. 409.
    Decided April 27, 1895.
    40 P. R. 201.)
    Appeal from the District Court of the Third Judicial-District. Hon. Charles S. Zane, Judge.
    
    
      Action by Lewis A. Scott Elliot against George C. "Whitmore and another. From a judgment for plaintiff, ■defendants appeal.
    
      Reversed.
    
    
      Messrs. Brown & Henderson, . Mr. E. D. Iioge, for .appellants.
    
      Mr. G. 8. Varían, Messrs. Zane & Putnam, for respondent.
    
      
       [For the various phases of the litigation between Lewis A. Scott Elliot and George O. Whitmore, see Elliot v. Whitmore, 8 Utah, 253; Ex parte Whitmore, 9 Utah, 441; Elliot v. Whitmore, 10 Utah, 238, Id. 246, Id. 253; Whitmore v. Harris, Id. 259. — Rep.]
    
   Merritt, C. J.:

This is an appeal from the judgment, and has been "heretofore argued and submitted. It now appears that the judgment has been set aside and a new trial granted in the court below. For this reason the judgment is reversed, and the cause remanded for a new trial.

Suite, J., concurs.  