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I'AIM M.
243
since the jiKl.uiiiciit entered in llie suil in the court below.
Tlie court siiid :
We think the fact (•!' the dissohitioii ol' the association does not pi'ex'ent this court t'l'oiu takini; cot;-nizance oi' t he appeal and decidini^ the case ujxni its inei'its.
The prayer (d' tlie hill tiled in this suit asks not oidy f(U* the dissolution (d' the association, but, among other thing's, that the defendants shoidd he restrained from continuing in a like combination, and that they should enjoined from further conspiring, agreeing, or combining and acting together to , maintain rules and regulations and rates for cai'rying freight upon their several lines, etc. The mere dissolution of the association is not the most important object of this litigation. The judgment of the court is sought upon the question of the legality of the agreement itself for the carrying out of which the association was fomied, and if such agreement be declared to be illegal, the couii; is asked not only to dissolve the association named in the bill, but that the defendants should be enjoined for the future.
The defendants, in bringing to the notice of the court the fact of the dissolution of the association, take pains to show that such dissolution had no connection or relation whatever with the pendency of this suit, and that the association was not terminated on that account. They do not admit the illegality of the agreeuK^it, nor do they allege their purpose not to enter into a similar one