An appellant has a right to have his appeal dismissed notwithstanding the opposition of the other side.

After some conference on the bench, where the judges did not seem to be entirety unanimous, the court withdrew for consultation. On their return, the CHIEF JUSTICE announced it as the unanimous judgment of the court that the appellants had a right to have their appeals dismissed, and they were both dismissed accordingly.

The Legal Tender Case, 8 Wallace, 603.