Tompkins v. Byrtus

OPINION

Riner, Justice.

This case is here by direct appeal proceedings from a judgment of the district court of Sheridan County. The action was brought by Gerald R. Tompkins and Winnie L. Tompkins, his wife, as plaintiffs, now appellants, against Mike F. Byrtus and Katherine Byrtus, his wife, as defendants who appear to be now regarded as defendants. Upon oral motion of counsel for appellants, Tompkins and wife, the court ordered the action dismissed against Mrs. Byrtus without prejudice. She did not testify as a witness in the case.

The action which plaintiffs brought in the district court…