No answer has been served by respondent Rigney, although he has submitted an affidavit and excerpts from the minutes of petitioner's trial in opposition to the application. A motion to dismiss has been made on behalf of respondent, Mr. Justice MARKEWICH, pursuant to section 1293 of the Civil Practice Act, but no request has been made for permission to serve an answer, if the motion is denied. We assume therefore that it is the desire of the parties that a determination be...
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