Duncan v. Steel

RICE, Judge.

This cause was tried and determined on March 28, 1940, resulting in the plaintiff (appellant) taking a voluntary non-suit.

He gave security for the costs of appeal on April 19, 1940. Thereafter, on April 29, 1940, certificate of appeal was duly filed in this court.

On June 4, 1940, appellee (defendant in the court below) filed in this court his motion to dismiss the appeal, setting out five several grounds for said motion.

Later, on June 24, 1940, the parties filed in this court an agreement “that the appeal may be submitted in the Court of Appeals at the earliest date upon which the…