Adams

All the parties above named excepting D. E. Burgess, denominated defendant and cross-complainant, respondent herein, and Indemnity Insurance Company of North America, defendant and appellant herein, have no further part in this litigation for the reason that they, by appropriate judgments, settlements and stipulations have disposed of their several controversies.

The appellant gave notice of appeal as follows:

There seem to have been two orders exactly alike made by the trial court on May 5th, the only difference being that in the first order the names of all of the parties defendants and interpleaders were not set out in full but in abbreviated form.

There is a written stipulation signed by the attorneys for the two remaining respective parties, whereby they agree that the name McIntosh may be stricken, as he was not a party to the pleading of said Burgess and the name of John Christopher be substituted. This stipulation was not followed by any order of the court correcting the order or orders of May 5th, but it is immaterial, as neither Me Intosh nor Christopher is attempting to appeal. The said order of May 5th, from which the appeal is sought to be taken was not followed by…