Pendleton v. Sharp

OPINION

BY THE COURT:

An entry has been tendered by the plaintiff-appellant dismissing her appeal. There is no cross-appeal.

Counsel for appellees objects to the journal entry because it is a general dismissal. He asserts that he has no objection to dismissing the issue drawn on the petition and answer thereto, but that by the type of appeal his clients have the right to have issues adjudicated which they brought into the case by affirmative pleading.

The appeal is noted as upon questions of law and fact which, it is agreed, brings the cause up in its entirety for trial. However, the act which…