Post v. City of Spokane

The opinion of the court was delivered by

Hadley, J.

— On motion of appellant the appeal in this case was dismissed at appellant's costs. The written motion to dismiss states that the motion is made to enable appellant to present a petition to the superior court to- set aside and vacate the judgment appealed from, based upon the discovery of documentary evidence after the appeal was taken, which, it is alleged, establishes the fact that respondent was many .years ago paid by appellant for the same service for which the judgment was rendered. Respondent now moves for a judgment in his favor, and…