
    NICHOLAS BURGRAF v. JOHN F. BYRNES.
    
    October 12, 1906.
    Nos. 14,827—(23).
    
    Appeal by plaintiff from an order of tbe district court for Meeker county, Powers, J., granting a motion for a new trial and setting aside an order for judgment in favor of the plaintiff for the sum of $309.40.
    Affirmed.
    
      Alva R. Hunt, for appellant.
    
      John T. Byrnes, pro se.
    
      
       Reported in 109 N. W. 1132.
    
    
      
       October, 1906, term.
    
   PER CURIAM.

An order, granting defendant’s motion for a new trial of this action, based upon the ground of surprise and excusable neglect, held not an abuse of discretion, and the order is affirmed.  