#### KUGLER LUMBER COMPANY v. SAMUEL W. LATHAM et al.

(Filed 10 December, 1930.)

Appeal by defendants from Nunn, J., at May Term, 1930, of Beau-poet.

Civil action for trespass.

Judgment for plaintiff. Damages assessed at five cents. Defendants appeal.

H. C. Carter for plaintiff.

A. W. Bailey and L. M. Scott for defendants.

Pee Cueiam.

Dismissed on authority of Pruitt v. Wood, ante, 788, for failure to comply with rules 27% and 28. 192 N. C., p. 852.

Motion for new trial on ground of newly discovered evidence denied. Johnson v. R. R., 163 N. C., 431, 79 S. E., 690.

Appeal dismissed.