Noble v. Whitten

Two appeals have been taken in this cause and respondents have moved to dismiss them both. One ground of the motion to dismiss the last appeal is that a former one was pending when the last one was taken. At the oral argument of the motion, appellants’ counsel stated that they have abandoned the first appeal, and rely upon the last one only The motion to dismiss was not served until after the second notice of appeal was served. Under similar circumstances this court has held that the first appeal is abandoned, and that it shall not prevent the prosecution of the later one when duly taken.…