The opinion of the court was delivered by

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.