278 P.2d 1008 (Mont. 1955)
Gunrad FRANSON, Plaintiff and Appellant,
v.
Ruth Franson WYPPER, Defendant and Respondent.
No. 9511.
Supreme Court of Montana.
March 2, 1955
Lobles&sLoble, Gene A. Picotte, Helena, for appellant.
Swanbergs&s Swanberg, Great Falls, for respondent.
DISMISSAL OF APPEAL
It appearing from the transcript on appeal filed in the office of the clerk of the supreme court on December 27, 1954, that in the district court of Teton County in civil action No. 5572, entitled Gunrad Franson, plaintiff, v. Ruth Franson Wypper, defendant, that judgment in favor of defendant and against plaintiff was entered May 13, 1954 in said district court, and that thereafter by written notice dated November 1, 1954, the plaintiff by and through his counsel, Lobles&sLoble and Gene A. Picotte, appealed to the supreme court;
And plaintiff's said counsel of record having executed and filed in the office of the clerk of the supreme court their written praecipe requesting that said appeal to this court be dismissed;
NOW THEREFORE pursuant to such praecipe it is ordered that said appeal from said judgment be and it is hereby dismissed.
ADAIR, C. J., and ANGSTMAN, ANDERSON, DAVIS and BOTTOMLY, JJ., concur.