Grigsby v. Texas Co.

ON MOTION TO DISMISS APPEAL.

REYNOLDS, J.

Defendant, appellee, obtained from this court an order for plaintiff, appellant, to show cause why his appeal should not be dismissed, on the ground that he had accepted payment of the judgment appealed from and thereby acquiesced in it.

Plaintiff, appellant, filed an exception that no right or cause of action for dismissal was alleged, and, reserving his rights under the exception, should it he overruled, he answered, alleging:

“He avers that he has not voluntarily executed the said judgment of the lower court nor any part thereof.

“That he appealed from…