
    (November 19, 1898.)
    CORNWELL v. CARTER.
    [55 Pac. 1100.]
    See syllabus in case of Cornwell v. McCoy, ante, p. 219; that opinion governs this ease.
    APPEAL from District Court, Nez Perces County.
    J. E. Ba.bb, for Appellant.
    Same brief as in Cornwell v. McCoy.
    
    S. C. Herren, for Eespondent.
    Same brief as in case of Cornwell v. McCoy.
    
   HUSTON J.

— This case arising upon the same state of facts as Cornwell v. McCoy, ante, p. 219, 55 Pac. 210, it was stipulated by counsel that the decision in that case should control in this. Judgment of district court reversed, with costs to appellant. Cause remanded to district court, with instructions to-enter judgment for plaintiff as prayed in complaint.  