This was an appeal from an order confirming a report-of W. P. Hardesty, a commissioner appointed under the judgment we have just reversed in No. 409, ante, 308. 40 Pac. 201. In our opinion the entire controversy should be remanded to the court below, in .order that the new trial may proceed there. It is therefore ordered that the judgment and order appealed from be reversed, and remanded to-the court below.