Fahey v. Fahey

Motion of plaintiffs in error to dismiss the writ of error. Defendant in error resists. The general rule is that a plaintiff in error, or appellant, is entitled, as a matter of right, to dismiss his writ or appeal. And in the absence of some showing that the defendant in error, or appellee, wonld be prejudiced thereby, it would seem that this right should be fully protected. — Becker v. Henderson, 5 Colo. 346; 7 Enc. Pl. & Pr. 906.

The defendant in error here has no right that would be prejudiced by granting this motion. And in this case, even if she .had assigned cross-errors, that would not…