#### Joseph Zbetovsky, plaintiff in error, v. Anton Doupnik, defendant in error.

Gen. No. 28,353.

Motion to set aside dismissal of cause and judgment for costs. Motion denied. Error to the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.

Reversed and remanded.

Opinion filed April 29, 1925.

Carlton S. Badger, for plaintiff in error.

Stanley Vesely, for defendant in error.

Mr. Justice Taylor

delivered the opinion of the court.