Lundblade

This is an application by the defendant for a writ of supersedeas. The parties have stipulated that the matter be submitted on the records and files. The facts, therefore, must be ascertained from an examination of the petition for the writ and the plaintiff’s answer thereto. Since the burden of proof is on the petitioner, the allegations of the answer, in the absence of any evidence, must be accepted as true. The following facts, among others, are stated in the answer:

The application is denied.

Plummer, J., concurred.