
    Durfee v. MacNeil, Executor.
    
      Reversal of original judgment of circuit court — Petition for new trial dismissed at cost of plaintiff, when.
    
    An original judgment of the circuit court having been reversed by this court, a petition in error filed here for the reversal of an order of the circuit court dismissing a petition for a new trial of the cause in which such original judgment was rendered, will be dismissed at the costs of the plaintiff in error.
    (Decided March 29, 1898.)
    Error to the Circuit Court of Marion county.
    At the January term, 1896, of the circuit court of Marion county in a cause pending on appeal in said court, the defendant in error recovered a judgment against the plaintiff in error. On the 5th of September, 1896, the plaintiff in error filed a petition in said court alleging that said court was induced to render said judgment by fraudulent representations and concealments of the prevailing party, and praying for a new trial.
    MacNeil answered denying the allegations of fraud.
    The cause was heard in the «circuit court on the pleadings and the evidence, and the petition for a new trial dismissed. The plaintiff in error filed a petition in error in this court in cause No. 5092, praying for a reversal of the judgment so rendered against him at the January term, 1896, of the circuit court; also a petition in this cause praying for a reversal of the subsequent judgment of the circuit court dismissing his petition to set aside its former judgment and grant him a new trial of the cause in which it was rendered. Upon the petition in error firstly mentioned (in cause No. 5092), this court reversed the original judgment and upon the record rendered a final judgment in favor of the plaintiff in error.
   By the Court:

This court having reversed the principal judgment of the circuit court which it refused to vacate by an order whose reversal is sought by this petition in error, there remains nothing of substance in the controversy and the

Petition in error will be dismissed at the costs of the plaintiff in error.  