Majority
p. 885Bartholomay Brewery Company, Respondent, v. Dennis O’Brien and Thomas E. Carroll, Defendants. Hugh J. O’Brien, Appellant.
Motion to be relieved from stipulation granted, upon condition that the respondent stipulate that the appellant may discontinue, without costs to either party, his action for malicious prosecution. Order denying motion to dismiss appeal and order of modification and affirmance vacated, and appeal and motion to dismiss appeal restored to the calendar.