Page:North Dakota Reports (vol. 2).pdf/422

 and, JJ., having been of counsel, did not sit on the hearing of the above-entitled action, nor take any part in the opinion; Judge , of the sixth judicial district, and Judge , of the third judicial district, sitting by request in their places.

Northern Pacific Railroad Company, Plaintiff and Appellant, v. William E. Brewer, County Treasurer of La Moure County, Defendant and Respondent.

APPEAL from district court, Stutsman and La Moure county; Hon. Roderick Rose, Judge.

W. F. Ball and John S. Watson, for appellant. L. C. Harris, for respondent.

The opinion of the court was delivered by

, J. Following the case of Railroad Co. v. Barnes, ante (decided at this term,) the judgment of the district court is reversed.

, J., concurs. , C. J., dissents.

and, JJ., having been of counsel, did not sit on the hearing of the above-entitled action, nor take any part in the opinion; Judge , of the sixth judicial district, and Judge , of the third judicial district, sitting by request in their places.