Burns v. National Mining, Tunnel & Land Co.

This appeal is from a judgment on the pleadings against the appellant, for costs, in the El Paso district court, by which appellant’s hill was dismissed for want of equity.

The motion to dismiss the appeal, filed in the supreme court after the appeal had been perfected, is denied. The settlement of the matters involved on the appeal and upon which the motion is based was not a complete settlement *547of all-the matters involved, especially as to the judgment itself, for costs. A settlement such as would justify a dismissal of an appeal must not only settle the matters involved in the original…