H. B. Claflin & Co. v. Lisso

On Motion to Dismiss.

The opinion of the court was delivered by

Spencer, J.

Defendants and appellees filed motion to dismiss appeal, and on same day filed their answer, praying that the judgments be affirmed. In this answer there is no reservation of their right of dismissal. The motion to dismiss must be considered as abandoned and waived by the answer. 27 A. 284; 8 R. 168; 3 R. 169; 6 N. S. 531.