
    JOLLY v. HAYCOCK.
    No. 1806.
    Decided June 11, 1907
    (90 Pac. 901).
    Appeal from District Court, Sixth District; Jno. F. Chidester, Judge.
    Action by R. G-. Jolly, as administrator of the estate of W. J. Jolly, Sr., deceased, against Thomas Haycock. From a judgment for plaintiff by default, defendant appeals.
    REVERSED WITH DIRECTIONS TO VACATE THE JUDGMENT, SET ASIDE THE DBEAULT, AND ALLOW DEPENDANT TO ANSWER.
    
      George B. Greenwood and Thomas & Mayco-clc for appellant.
    
      W. F. Knox and 8. B. Thurman for respondent.
   ERICK, J.

Tbis is an appeal from a judgment entered by default based on tbe same facts, and decided at tbe same time, as tbe case of Cutter v. Haycock, ante, p. 354, 90 Pac. 897. Tbe decision in tbis case, therefore, is controlled by tbe decision of that ease.

Tbe judgment is reversed, and tbe district court is directed to vacate tbe judgment, set aside tbe default, and permit tbe appellant to answer upon sucb reasonable terms in respect to costs as to tbe court may seem just, and to proceed with +he case in accordance with law. Neither party to recover costs in tbis court.

McCARTY, C. J., and STRAUP, 3\, concur.  