
    MALEY et al., Respondents, v. CITY OF BUTTE, Appellant.
    (No. 2,757.)
    (Submitted January 22, 1910.
    Decided February 4, 1910.)
    [107 Pac. 411.]
    
      Appeal—Errors not Beviewable.
    
    1. A point withdrawn from the consideration of the trial court by counsel may not be relied upon on appeal.
    
      Appeal from District Court, Silver Bom County; John B. Mc-Clernan, Judge.
    
    Action by Prank Maley and another against the City of Butte. Judgment for plaintiffs. Defendant appeals.
    Affirmed.
    
      Mr. E. M. Lamb, and Mr. John B. B-oarman, for Appellant.
    
      Messrs. Breen & Hogevoll, for Respondents.
   MR. JUSTICE SMITH

delivered the opinion of the court.

In this ease the point relied upon for a reversal was withdrawn from the consideration of the district court by the remark of the then city attorney, “I don’t make a point of that kind.” The judgment and order of the court below are therefore, on the authority of Smith v. City of Butte, ante, p. 445,107 Pac. 409, and Stone v. City of Butte, ante, p. 452, 107 Pac. 411, affirmed.

Affirmed.

Mr. Chief Justice Brantly and Mr. Justice Holloway concur.  