(Syllabus.)
Appeal and Error — Dismissal of Appeal Upon Confession of Error by Plaintiff in Error.
Where motion to dismiss the appeal is filed, and the Plaintiff in error files a response admitting that the motion should be granted, it is in effect a confession of error and the appeal may, at the discretion of the court, be dismissed.
PER CURIAM.
Plaintiff in error perfected an appeal to this court November 21, 1931; defendant in error on the 1st day of February, 1932, filed motion to dismiss the appeal. On February 4, 1932, the plaintiff in error filed response to the motion, stating that the plaintiff in error is willing to confess that the motion of defendant in error should be granted.
Upon such confession, it is, therefore, ordered that the appeal of the plaintiff in error be dismissed.