Cory v. Askew

On the original hearing a motion was made to dismiss the appeal on the ground that plaintiff had acquiesced in the judgment, and the cause was remanded for trial on that question, and a rehearing having been granted, it is urged that the order remanding the cause was erroneous.

The pleadings pertinent to the question were correctly stated in the original opinion, with the exception that it was stated that defendant “admitted the accident but denied that plaintiff was entitled to the extent alleged,” which was erroneous, as defendant’s answer was, in effect, a general denial.

In support of the…