Stevinson

This is an action in eminent domain. From the judgment rendered both the plaintiff and the defendant James J. Stevinson, Incorporated, appealed. On June 8, 192.1, the plaintiff served on the said defendant, and on the 11th of .the same month filed herein, its confession of error as follows: “Now comes respondent on the appeal of James J. Stevinson (a Corporation), and confesses error in said cause, and consents to a reversal of the judgment therein on the appeal of the said James J. Stevinson (a Corporation).’’ On June 22, 1921, the defendant filed herein its motion for dismissal of its appeal, and on the 25th of that month it filed the following: “Comes now, James J. Stevinson, a corporation, defendant in the above-entitled-action, and dismisses the appeal heretofore taken by it. And the clerk of the above-entitled court is hereby requested and instructed to enter this dismissal of record!” The plaintiff contends that the judgment should be reversed, the defendant that the appeal should be dismissed. No cause is shown why the defendant’s motion should be denied, other than the right claimed by plaintiff to a reversal of the judgment on the defendant’s appeal. The only question…