OLIVER, Administrator, v. BLAIR and Another

OLIVER, Administrator, v. BLAIR and Another. No. 8809; February 18, 1885. 5 Pac. 917. 'Appeal Dismissed as to Defendants, Who Waived a Eight to Appeal by stipulation in the lower eourt. APPEAL from the Superior Court of the City and County of San Francisco. W. S. Goodfellow for appellant; W. M. Pierson, A. Comte, Jr., and Jos. Napthaly for respondents. Cited with approval in United States Consol. Seeded Raisin Co. v. Chaddock & Co., 173 Fed. 579, 97 C. C. A. 527, which holds that a stipulation, if based on a valid consideration, to refrain from appeal from the judgment about to be had in a suit between the parties will be enforced. Cited and approved in Hibernia Sav. Society v. Waymire, 152 Cal. 288, 92 Pac. 646, holding that by consenting to the giving of judgment to his adversary, a party deprives himself of all right to appeal. [MAJORITY — By the COURT.] By the COURT. In this case the defendants, D. B. Blair and Maef arlane, Blair & Co., by stipulation in the lower court, waived their appeal to this court; and thereafter and thereupon satisfaction of the judgments against them was entered. A motion is made to dismiss the appeal of the defendants above named, which is granted. Appeal dismissed.