Sneath

The affidavit of service' upon the adverse attorney of the notice of motion to dismiss the appeal herein does not show that any attempt was made to serve him at his office between the hours of 8 o’clock A. M. and 6 o’clock P. M. of the day when the notice was left at his residence. The motion to dismiss is denied, without prejudice.

Harrison, J., being disqualified, took no part in the decision of the above motion.