Heirs of Burney v. Ludeling

I

On Motion to Dismiss.

The opinion of the Court was delivered by

Watkins, J.

The defendants request that the plaintiffs’ appeal be dismissed on the ground “ that the judgment appealed from was rendered at the request and with the consent of the plaintiffs,” and as justifying it, they cite us to an entry that appears in the minutes of the lower court.

It is as follows, viz : “On motion of plaintiffs' counsel the judgment heretofore rendered, dismissing this suit, is set aside, and the court now renders a judgment dismissing the suit. See decree.’'

The decree referred to is in the following form,…