This appeal is by the respondent, in the court below, from an -order of the court in setting aside the verdict of the jury wherein the issues involved were determined in favor of the respondent; and this, in defiance of the court’s instructions to the jury that their verdict should be for the state; this with hypothesis.

The action was brought in the name of the state, upon relation of the solicitor of the T,wenty-Third judicial circuit, and was based upon the provisions of subdivision (1) of section 9932 of the Code 1923.

The cause was here submitted -on May 22, 1930, but without assignment of error, or brief of appellant. For this reason the appeal of necessity must be, and is, dismissed.

Appeal dismissed.