Opinion op the Court by

Affirming.

When we had this matter before us we failed to observe that two appeals were prosecuted and that the judgment entered June 7, 1909 was appealed from; but the whole matter was considered ;■ and we adhere to the conclusion then reached that the court did not abuse a sound discretion in allowing the plaintiff to dismiss his action without prejudice. (See original opinion, 140 Ky. 215.)

The judgment is affirmed.