New Trial—When Motion for cannot be Entertained—Submission op Cause upon Pleadings.—Where there has been no trial of a cause upon issues of fact, it having been submitted for decision on the pleadings, a motion for a new trial cannot be entertained.

Municipal Corporations — Police Regulations — Consideration op Surrounding Circumstances.—In determining the advisability or necessity of a proposed police measure, a legislative body is presumed to take into consideration the circumstances and conditions under which the thing to be regulated or forbidden exists or may occur. And courts, in considering the question whether or not such measure is reasonable in its application and effect, may also look to these general circumstances and conditions, so far as they are matters of judicial knowledge, and so far as they may be admitted or shown by undisputed, clear, and satisfactory evidence in the record of the particular case.

Id.—Crematories—Validity op Ordinance Restricting Number.—A county ordinance which prohibits the establishment or maintenance in any one township of more than one crematory for the cremation of human bodies cannot be upheld as a police measure as against a cemetery association located near another crematory and in close proximity to several cemeteries and in a neighborhood where there are but few dwelling-houses and no buildings devoted to any business except that of burying the dead.

Id.—Injunction Against Enforcement of Ordinance—When Lies.— Such cemetery association is entitled to an injunction against the enforcement of the ordinance, under the doctrine that an action will lie to enjoin the enforcement of a municipal ordinance in cases where such enforcement will cause substantial and irreparable injury to private property or private property rights, and where there is no adequate remedy in the ordinary course of law.

Id.—Judicial Notice—Process of Cremation.—The practice of cremation has become so general, and crematories are now so common in many of the larger cities, that courts may take judicial notice of the usual method of operation of such institutions.