Upon bearing in tbis Court, tbe parties baying agreed tbat tbe complaint in tbis action might be treated as petition for writ of certiorari in tbe case of S. v. James Cooper, No. 4091, in Superior Court of Eorsytb County, to tbe judgment in wbicb tbis action relates, tbis appeal will be, and is hereby dismissed, and each party shall pay bis own costs.

Appeal dismissed.