This cause was submitted to the court on the motion of appellee to dismiss this appeal, and briefs of counsel in support of said motion, and in opposition thereto.

It 'is now here ordered, adjudged, and decreed by this, court that the appeal granted to the appellant herein, Vernon Tetzke, by the order of this court, entered July 23, 1935, be, and the same is hereby, dismissed with costs.