FELTON, C. J.
1. The fact that the petitioners in the court below paid the costs and marked the case dismissed on the back of the petition did not deprive the court of jurisdiction to pass on the question raised by the defendant's pleading seeking to have the $800 tendered paid to him, since the pleadings were filed and nisi was issued thereon prior to the time of the effort to dismiss the case. The motion to dismiss the writ of error is denied.
2. The transfer...
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