
    No. 1,446.
    FRARY, Appellant, v. DWYER, Respondent.
    
      Appeal from District Court, Cascade County.
    
    (For former opinion, see ante, .page 414.)
    April 16, 1902.
    
      Mr. F. A. Merrill, for Appellant.
    
      Mr. -T. E. Brady, for Respondent.
   Per Curiam.

Upon the stipulation of W. S. Frary and counsel for respondent, this appeal is dismissed, without, prejudice, however, to any right counsel for appellant may have in the premises.

Mr. Justice Pigott, having’ been of counsel during the pendency of tills cause in the district court, takes no part in this order.  