Singleton v. Pennington

ON MOTION TO DISMISS

GUITTARD, Chief Justice.

This motion reveals an extraordinary reversal of the positions of the parties. Plaintiff, though successful so far, both in the trial court and on appeal, now desires to give up all his rights under the judgment and pay all costs in both courts so that the whole case may be dismissed as moot. His motion to dismiss on this ground comes more than two months after he had resisted defendant’s motion for rehearing in a written argument discussing at length the perti nent authorities and principles of law. Defendant, however, has not accepted this…