
    Horne et al. v. Ricks Brothers.
    April 12, 1912.
    Action for damages. Before Judge Gilbert. Marion superior court. November 2, 1911.
    
      W. D. Crawford, for plaintiffs in error. Jule Felton, contra.
   Fish, C. J.

The plaintiffs in error asked leave to withdraw the bill of exceptions. The defendants in error moved to open the record and to have damages assessed against the plaintiffs in error for bringing the ease to this court for delay only. It does not so clearly appear that the writ of error was sued out for delay only as to require an award of damages. The plaintiffs in error are therefore allowed to withdraw the bill of exceptions, without damages against them.

All the Justices concur.  