GUERNSEY, J.
This cause is submitted to this court upon the motion of the appellee National Surety Corporation to dismiss the appeal.
The reason assigned in appellee's motion is that:
"The order of the lower court dated November 26, 1951 ordering the `petition filed herein be stricken from the files and held for naught and that the restraining order issued on the 16th day of July, 1951 be dissolved
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