Doherty & Co. v. Youngblut

THE defendants in error move to dismiss on several grounds.

*595The plaintiffs in error answer that defendants in error cannot do this, because they have already moved and failed, and the present grounds were available at the time of the former motion, and plaintiffs in error call attention to the fact that since the former motion they have expended large sums in the preparation and printing of abstracts and briefs. The defendants in error reply that the grounds of their motion are jurisdictional, and that this court cannot proceed under present conditions.

We think the position of plaintiffs in…