
    No. 4,969.
    STATE ex rel. JOHN S. NYQUIST, Relator and Appellant, v. D. J. MARTIN, Defendant and Respondent.
    
      Appeal from District Court, Daniels County; C. D. Borton, Judge.
    
    Decided January 2, 1923.
    
      Messrs. Norris, Hurd & Rhoades, for Eespondent.
    
      Mr. John S. Nyquist, Mr. Howard M. Lewis and Mr. Wellington D. Rankin, Attorney General, for Appellant.
   PER CURIAM.

On motion of respondent the appeal in the above-entitled cause is dismissed, each party to pay his respective costs.  