Agassiz v. Kelleher

The opinion of the court was delivered by

Scott, J.

— Appellant moves to dismiss his appeal herein, without prejudice. Notice of the motion was given respondent, who appears and resists the same. The time for taking a second appeal has not yet expired, and appellant avows that his intention is to move for a correction of the judgment entry in the lower court, and to take another appeal therefrom.

The appeal act is silent with reference to the right of an appellant to dismiss his appeal, but in the case of Allen v. Catlin, ante, p. 603, we held that the appellant had such a right, and granted his…