Foote v. Smith

This cause was pending in the district court for Johnson County. Upon consideration of the separate general demurrers filed by two of the defendants to .the petition, the district court reserved certain important and difficult questions deemed to arise therein, for the decision of this court.

Before a hearing thereon, plaintiff files a motion for the discontinuance of further consideration of the cause in this court, for the reason that on October 5, 1899, he dismissed the action in the district court. Filed with the *511motion is a certified copy of a journal entry of said court of the date last…