Thoms v. Sullivan

On the twenty-third of December, 1898, defendants recovered a judgment against plaintiff in the Greene circuit court, from which on the same day plaintiff perfected an appeal to this court. This appeal plaintiff has wholly failed to prosecute, for which reason defendants have moved for an affirmance of the judgment, as provided by section 2252, Revised Statutes 1889. To escape the consequence of his neglect to prosecute his appeal, plaintiff has wired the court that he dismisses the appeal “to avoid an affirmance.” It seems to us that to allow the plaintiff to dismiss an appeal which he has…