Hartke v. Abbott

GATES, J., pro tem.

This case is before us on motion of respondent to dismiss an appeal of appellant from a judgment in an action on a promissory note. After the demurrer of plaintiff to defendant’s answer was sustained without leave to amend, judgment was granted as prayed. The present motion to dismiss the appeal therefrom is based upon the pleadings, records, papers and files in the action, including the transcript on appeal, together with the respondent’s affidavit. The grounds relied upon for a dismissal are that the judgment has been completely settled and compromised; that all questions…