Osterritter v. Board

(after stating the case as above).

Appellants complain of that feature of the judgment which apportions between Board and Hollister the damages recovered against them by appellants so as to allow Board and Hollister each a set-off against the damages awarded appellants.

Appellants also complain of the refusal of the court to allow them to dismiss their suit against Board after the court had “indicated” the judgment which would be and in fact was later rendered.

The judgment awarded plaintiffs judgment against Board and Hollister, jointly and severally, for the'damages sustained by the fraud…