Cook v. Smith

The opinion of the court was delivered by

Mason, J. :

Rosanna Cook sued H. and F. J. Mathias in the district court of Pawnee county, asking a money judgment, and upon a first-trial failed to recover. On February 6, 1892, a new trial was granted. Plaintiff then dismissed without prejudice, and later in the same year began a new action for the same re*54lief. Thereupon the defendants instituted proceedings in error in this court seeking the reversal of the order granting a new trial, and procured an order therein restraining the further prosecution of the action in the district court until the…