Doll v. Dearie

This court previously denied a motion of plaintiff-appellee to dismiss the appeal of defendants from a judgment taxing the amount of court costs to be paid by them. See 37 So.2d 61.

Appellee has filed a second motion to dismiss the appeal, which is now before us. The basis of the present motion to dismiss is that defendants confessed or acquiesced in the judgment, and that they therefore had no right of appeal.

Article 567, Code Practice declares:

"The party against whom judgment has been rendered can not appeal:

"1. If such judgment have been confessed by him, or if he have acquiesced in the…