opinion: J. C. SMITH, Plaintiff in Error, v. Speed MANKIN, Defendant in Error.
  (Circuit Court of Appeals, Fourth Circuit.
  November 19, 1926.)
  No. 2541.
  In Error to the District Court of the United States for the Western District of Virginia, at Big Stone Gap; Henry Clay McDowell, Judge.
  R. -T. Irvine, of Big Stone Gap, Va. (A. A. Skeen, of Clintwood, Va., on the brief), for plaintiff in error.
  George C. Sutherland, of Clintwood, Va. (S. H. Sutherland, C. Rufus McCoy, Roland E. Chase, S. H. & George C. Sutherland, and Chase & McCoy, all of Clintwood, Va., on the brief), for defendant in error.
  Before WADDILL and ROSE, Circuit Judges, and McCLINTIC, District Judge.
  PER CURIAM.
  The plaintiff in error, the defendant below, has no cause to complain of the rulings of the District Court taken as a whole, and his adversary has not sued out a cross-writ.
  Affirmed.