Opinion
October, 1907.
Order affirmed, with ten dollars costs and disbursements. Held, that it appearing by statements of counsel made in open court that the plaintiff has ceased to carry on the business which the sheriff was restrained from interfering with, and that the parties have entered upon the trial of the issues and that the action may be determined upon the merits before the commencement of the next season, the questions of law involved should not be determined upon this motion, but on an appeal from the judgment. All concurred.