Harth v. Ten Eyck

This cause conies here on motion of plaintiff-respondent for diminution of record. He seeks to have the reporter’s transcript of testimony added to the record heretofore certified by the trial judge.

During the trial of the cause, plaintiff in open court dismissed the action as to defendant 0linger (appellant here). The court thereupon ordered said defendant dismissed with prejudice, which order of dismissal was entered in the minutes of the court. Plaintiff continued to prosecute his action against the remaining defendants, and the cause was submitted on briefs to be filed. Plaintiff…