
    (First Circuit — Hamilton Co. O., Circuit Court
    Jan. Term, 1897.)
    Before Cox, Smith and Swing, JJ.
    BLYMYER v. MEADER, TRUSTEE OF THE BLYMYER ICE MACHINE COMPANY.
    Motion to dismiss the appeal of the trustee from a judgment by the superior court.
    
      Wilby & Wald, for the motion.
    Paxton, Warrington & Boutet, contra.
   Smith, J.

The question presented here is identical with that passed upon in Thompson v. Building Co.; 13 C. C. 250, but different counsel appearing in this case and the question presented being an important one, we have heard and considered it again. We are of the opinion, however, that the doctrine announced in the case referred to was correct, and the motion to dismiss the appeal in this case will be sustained.  