¶1On Petition to Superintend and Revise, in Matter of Law, Proceedings of the District Court of the United States for the Eastern District of Virginia, at Richmond.
¶2George Bryan and E. B. Thom-ason (Thomason & Minor, on the briefs), for petitioner.
¶3J. T. Coleman (Coleman, Easley & Coleman, on the briefs), for respondent.
¶4Before PRITCHARD, Circuit Judge, and BOYD and DAYTON, District Judges.
¶6After careful consideration of this record, we are clearly of the opinion that the alleged errors sought to be revised and corrected present not alone questions of law but of fact, and should, therefore, have been brought here by appeal; but, while we reach this conclusion, we nevertheless realize the case has been properly determined on its merits. Coder, Trustee, v. Aris, 213 U. S. 223, 29 Sup. Ct. 436, 53 L. Ed. 772; Steiner v. Marshall, 140 Fed. 710, 72 C. C. A. 103; Kenova L. & T. Co. v. Graham, 135 Fed. 717, 68 C. C. A. 355. Petition dismissed.