#### Samuel Hoge, administrator of the estate of Joshua Hoge, deceased, appellee, v. James C. Barr, appellant.

Gen. No. 7,242.

Judgment by confession for $1,727.78. Motion to vacate and tender of $1,518.40. Motion by plaintiff to reduce judgment by $63.68. Petition by defendant to set aside judgment. Plaintiff’s motion allowed. Remission of $25 by plaintiff. Renewed .tender of $1,518.40 by defendant, and motion to set aside judgment renewed. Motion denied. Appeal from the Circuit Court of Grundy county; the Hon. S. C. Stough, Judge, presiding. Heard in this court at the April term, 1923.

Reversed and remanded with directions.

Opinion filed January 7, 1924.

Frank H. Hayes, for appellant. H. B. Smith, for appellee.

Mr. Justice Jett

delivered the opinion of the court.