Waymire

This a motion to dismiss an appeal taken by defendant on August 19,1907, from a judgment made and entered against him on May 7, 1907, on the ground that such judgment was rendered and entered in pursuance of an express written stipulation of the parties, which stipulation contained an express waiver by defendant of his right to appeal.

The action was one for the recovery of the. possession of certain real property, and costs of suit. The prayer of the complaint was: “Wherefore, plaintiff demands judgment against defendant for the immediate possession of said real property and the whole thereof, and for costs of suit.” The record before us shows a written stipulation dated and filed in the cause March 12, 1907, signed by the attorney for the plaintiff and by the defendant in propria persona, providing that the cause be continued to March 22, 1907, at ten o’clock A. M., and that at said time “judgment may be rendered and entered in favor of plaintiff and against defendant as in plaintiff’s complaint prayed for, and it is further stipulated that defendant may have thirty days’ stay of execution of the judgment so rendered.” The stipulation contained a further provision as follows:…