Hathorn v. Natural Carbonic Gas Co.

The plaintiffs in the first entitled action move for a discontinuance upon the ground that matters have arisen subsequently to the commencement of the action and to the issuance of the temporary injunction therein, having no relation to the merits, which render it futile that the action proceed further.

The defendant in that action makes a counter-motion to dismiss the action with costs because of the failure of the plaintiffs to diligently prosecute the same and because the questions involved, except as to any damages that may have been sustained under the undertaking given by the plaintiffs…