29 Ind. 266 | Ind. | 1868
This is an attempt to present to this court a question of law reserved under section 347 of the code. 2 G. &. H. 210.
A suit was being tried in the court below between Make-peace and Silver. The appellant, Pierse, was an attorney for
The parties to this appeal were not parties to the suit in the court below. This seems to be a by-play, for the purpose of getting the opinion of this court on the construction of the act of March 6, 1865, prohibiting Supreme, Circuit, or Common Pleas judges, &c., from practicing law. Acts 1865, p. 101. A question reserved, under section 347 of the code, must be a question affecting the merits of a real litigation, and can only be taken advantage of in this court by a party injured by the ruling.
The appeal is dismissed, at the cost of the appellant.