
    No. 5,773.
    COUNTY OF TOOLE, Respondent, v. FIRST STATE BANK OF SHELBY, Appellant.
    
      'Appeal from District Court, Toole County; John J. Greene, Judge.
    
    Decided February 15, 1926.
    
      Messrs. Freeman, Thelen & Frary, for Appellant.
    
      Mr. B. L. Clinton, for Respondent.
   PER CURIAM.

On motion of counsel for respondent, the appeal herein is dismissed.  