Summary
granting appellant's motion to dismiss where the controversy between the parties had been settled
Summary of this case from Walker v. CampbellOpinion
No. 20,003.
Filed August 12, 1965.
APPEAL — Motion to Dismiss — Settlement. — Motion to dismiss filed jointly by the parties, alleging that the matters and controversy between them have been compromised and settled, should be sustained.
From the Tipton Circuit Court, Oliver D. Wheatley, Judge.
Appellant and appellee filed their joint motion to dismiss this appeal.
Appeal dismissed. By the Second Division.
Jack B. Campbell, Al S. Woolbert, and Campbell Jones, of Anderson, and Albert W. Ewbank, of Indianapolis, for appellant.
John R. Walsh and Richard E. Kreegar, of Anderson, for appellee.
The appellant, by her attorney, Jack B. Campbell, and the appellee, by his attorney, Richard E. Kreegar, on July 26, 1965, filed in this cause their joint motion for a dismissal of the appeal herein for the reason that the matters and controversy between the parties thereto have been compromised and settled. In further support of said motion to dismiss, Jack B. Campbell, attorney for the appellant, filed an attached affidavit of the appellant requesting this dismissal of the appeal.
This court upon considering said motion to dismiss is of the opinion it should be granted.
It is therefore ordered, decreed and adjudged said appeal be dismissed, with costs to be paid by the appellant.
Appeal dismissed.
NOTE. — Reported in 209 N.E.2d 524.