Martin v. Lehigh Valley R.R. Co.

The opinion of the court was delivered by

Pekskte, J.

This appeal brings up for review an order discharging plaintiff’s rule to show cause why a discontinuance filed in this case should not be stricken from the files and decreed for nothing holclen.

On notice of the motion below, with the reservation that there was no such action pending as the one herein captioned, and that the court below had neither the jurisdiction nor authority to reinstate the same, or to grant the relief prayed for, it was stipulated and agreed between present counsel for the respective parties that the affidavits of both…