
    Gordon, Secretary of Banking, v. Nelson, Appellant.
    Argued November 23,1937.
    Before Schaffer, Maxey, Drew, Linn, Stern and Barnes, JJ.
    
      
      Frederick B. Smillie, of Smillie & Bean, for appellant.
    
      Morris Gerber, with him Horace M. Barba, Special Deputy Attorney General, Oliver O. Cohen, Deputy Attorney General, and Charles J. Margiotti, Attorney General, for appellee.
    November 29, 1937:
   Per Curiam,

This case is ruled by Harr v. Mikalarias, 328 Pa. 49. The judgment must therefore be reversed, without prejudice to plaintiff’s right to discontinue and, after compliance with the requirements of section 723 of the Department of Banking Code of 1933, P. L. 565, to institute a new action.

Judgment reversed.  