
    LOWN, Trustee, v. CASSELMAN.
    (139 N. W. 804.)
    Opinion filed January 11, 1913.
    Appeal from tbe District Court for Grand Forks County, Templeton, J.
    Motion to dismiss tbe appeal on the ground of a voluntary payment of the judgment.
    Motion denied.
    
      Murphy & Duggan, for respondent.
    
      W. J. Mayer, for appellant.
   Per Curiam.

Tbe questions involved upon tbe determination of this motion having been decided in tbe case of Murphy v. Casselman, ante, 336, 139 N. W. 802, decided at this term of court, that decision controls in this case, and tbe motion to dismiss tbe appeal is denied.  