McLeod v. Bertschy

This is a motion to dismiss an appeal from an order denying a motion to strike the cause from the calendar. The action being at issue in the County Court upon the answer to the complaint, and upon the reply to certain counter-claims contained in the answer, the attorney for the plaintiff entered an order, of course, with the clerk of such court, discontinuing *325the action upon payment of the defendant’s taxable costs therein, notified the plaintiff’s attorneys of the entry of sncb order, and offered to pay sncb costs npon presentation of the taxed bill thereof, and further offered to appear…