Honnold v. Stark-Weather

Respondent brought an action to recover on a promissory note executed to her by appellant. The cause was tried to the court with a jury, and both sides having offered evidence and rested, upon motion of respondent the court instructed the jury to return a verdict for respondent. From the judgment entered on such verdict so returned this appeal was taken.

When the cause was reached for hearing in this court only counsel for respondent made an appearance, no briefs having been filed, and made a motion to dismiss the appeal, advising the court that since the appeal was taken the appellant has…