Tacoma Lumber & Manufacturing Co. v. Wolff

Washington Supreme Court
Tacoma Lumber & Manufacturing Co. v. Wolff, 4 Wash. 260 (Wash. 1892)
29 P. 936; 1892 Wash. LEXIS 209
Stiles

Tacoma Lumber & Manufacturing Co. v. Wolff

Opinion of the Court

The opinion of the court was delivered by

Stiles, J. —

The appellants, after the transcript and the briefs of both sides are on file, move to dismiss the appeal. The respondent having moved to dismiss in its brief, under rule 22, objects that the motion now made should not be heard. “We do not think the rule should be interpreted to take from the appellants the right to control their case, and the motion is therefore granted.

Anders, C. J., and Dunbar, Scott and Hoyt, JJ., concur.

Reference

Full Case Name
Tacoma Lumber and Manufacturing Company v. Samuel Wolff
Cited By
1 case
Status
Published
Syllabus
APPEAL — RIGHT TO DISMISS. Rule 22 of the supreme court, providing that a motion by respondent to dismiss an appeal must be stated in his brief, and will be heard at the time the canse is assigned on the calendar, cannot be construed as taking away the appellant’s right to dismiss his appeal at any time.