Harper

Motion to dismiss the appeals.

The plaintiff brought this action in 1884, against Thomas Hildreth, for the purpose of dissolving a partnership between them and to procure the sale of certain lands described in the complaint and alleged to be a part of the partnership assets. The other defendants were made parties to the action by reason of their claim to some interest in the lands. In 1891, the defendants, other than Hildreth, moved the court to dismiss the action as against them and as against the lands described in the complaint, and when this motion came on for hearing the defendant Hildreth moved the court for its dismissal, and the two motions were heard together. The court denied Hildreth’s motion and granted the motion of the other defendants, and ordered that the action be dismissed as against the said defendants and also as against and in regard to the lands described in the complaint; and at the same time denied the motion of plaintiff to file an amended and supplemental complaint as against the said defendants, and to introduce certain additional evidence. Judgment was entered in accordance with this order on the twenty-eighth day of December, 1891, and on the…