
    LEWIS A. SCOTT ELLIOT, Respondent, v. GEORGE C. WHITMORE and Another, Appellants.
    (No. 422.
    Decided April 27, 1895.
    40 P. R. 201.)
    Appeal from the District Court of the Third Judicial District. Hon. Charles S. Zane, Judge.
    
    Action by Lewis A. Scott Elliot against George C. Whit-more and another. From an order confirming the report ■of W. P. Hardesty, Commissioner, defendants appeal.
    
      Heversed.
    
    
      
      Messrs. Brown & Henderson, Mr. E. D. Hoge, for appellants.
    
      Mr. G. S. Varían, Messrs. Zane & Putnam, for respondents.
   Meeritt, 0. J.:

This was an appeal from an order confirming a report-of W. P. Hardesty, a commissioner appointed under the judgment we have just reversed in No. 409, ante, 308. 40 Pac. 201. In our opinion the entire controversy should be remanded to the court below, in .order that the new trial may proceed there. It is therefore ordered that the judgment and order appealed from be reversed, and remanded to-the court below.

Sinxii, J., concurs.  