The defendant in error has filed a motion to dismiss the proceeding in error for the reason that such proceeding was not commenced within the time allowed by law. This case is identical with the case of Lobell v. Stock Oil Co., decided at the present term, 115 Pac. 69. Following the decision in that case', the motion to dismiss is granted and-the proceeding in error dismissed.- • Dismissed..
Potter, J., concurs-. Scott, J., not sitting.