
    D. R. Menke, Appellee, v. J. E. Spaulding, Appellant.
    
    No. 16,250.
    Appeal from Finney district court; William H. Thompson, judge.
    Opinion filed January 8, 1910.
    Eeversed.
    
      W. R. Hopkins, and Richard J. Hopkins, for the appellant.
    
      Albert Hoskinson, William Easton Hutchison, and C. E. Vance, for the appellee.
   Per Curiam:

The evidence in this, case is essentially all record evidence, which this court may consider as may the trial court. There can be no dispute as to what the evidence shows. The decision of this court in Knox v. Doty, ante, p. 138, rendered since the trial in the court below, is determinative of this case. Under the authority of that case the appellant is plainly entitled to a judgment.

The judgment is reversed and judgment is ordered in favor of the appellant.  