To determine the questions argued in the briefs of counsel, would be to determine the cause on the merits in advance, of the trial. This, as the case is presented, we think we ought not to do. We therefore express no opinion as to the validity or invalidity of the ordinance under which the defendants seek to justify their obstruction of the street in question, but upon the authority of Parrott v. Floyd, 54 Cal. 534, affirm the order.

Order affirmed.