and was, on the contrary, content to receive the certificates inCourt. In these circumstances, the defendant’s denial holds good,and tile plaintiff, who did not obtain, or was not in a positionto obtain, a decree for an injunction or for damages, is not entitled tocosts of the action. Although I have above expressed my opinionon the bare question of law, this appeal, which could have referenceonly to the order as to costs, practically fails. The appeal istherefore dismissed, with costs..
Appeal dismissed.