MR. JUSTICE McKENNA delivered the opinion of the court.
1. A question of jurisdiction is raised. It is contended by appellant that the case was not one of equitable cognizance, the appellees' remedy being, it is claimed, at law. The specification of error upon which the contention is based is expressed as follows:
"Because at the time of the hearing it appeared from the record that the only patent before the court had expired before the hearing, no motion...
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