Smith v. Junction Railway Co.

On the 2d of July an order was entered «granting a rehearing, and ruling the appellee to show cause *547on the 25th of August why the appeal should not be dismissed. This order was founded on a petition supported by affidavits filed by James Smith, who wTas then supposed to bo the appellant, and Phineas M. Kent, and the official certificates of the clerk and recorder of Union county, showing that the suit is a fiction, and intended to affect a real litigation now pending in the Tippecanoe Circuit Court between Kent and the railroad company.

The appellee filed the following answer: “blotico having…