
    (November 3, 1924.)
    E. F. WALTON, Respondent, v. G. W. BICE, Appellant.
    [231 Pac. 718.]
    APPEAL from the District Court of the Eleventh Judicial District, for Twin Falls County. Hon. William A. Babcock, Judge.
    
      Action for removal of officer for neglect of official duties and for recovery of penalty.
    Motion to dismiss appeal from the judgment granted. Order denying motion for new trial affirmed.
    
    Walters & Parry, for Appellant.
    Homer C. Mills', for Respondent.
   WM. E. LEE, J.

On the authority of the case of Walton v. Clark, ante, p. 86, 231 Pac. 713, the motion to dismiss the appeal from the judgment is granted, and the order denying motion for new trial is affirmed, with costs to respondent.

McCarthy, O. J., and Brinck, District Judge, concur.

Budge and William A. Lee, JJ., dissent.  