Opinion
Submitted on motion to dismiss appeal March 19, 1928
Motion allowed March 27, 1928 Appeal and Error, 3 C.J., p. 679, n. 21.
From Lincoln: G.F. SKIPWORTH, Judge.
MOTION ALLOWED.
For the Motion, Messrs. Botts Winslow. Contra, Messrs. Vinton Tooze.
In Banc.
This appeal is pending on motion to dismiss on the same ground as the companion case of the same title this day decided ( ante, p. 652). The only difference is that this is an action to recover the possession of personal property while the other action was to recover possession of real property. Both actions arose out of the same contract between the parties litigant.
For the reasons assigned in the companion case the motion to dismiss is allowed.
APPEAL DISMISSED.