138 Iowa 413 | Iowa | 1908
But, even if this were conceded, all advantage to be derived from the order has been definitely waived. According to the arguments before us, the plaintiff was ordered to turn over to the administratrix the $1,850 which he had received from Murfield or the fund left with him by the deceased, and Murfield was ordered to so turn over the remainder of the same then in his hands notwithstanding the pendency of this suit to which all were parties, and in which the title to the fund was directly involved. Appeals, however, were taken from these orders, and our attention is directed by appellee in argument to the stipulation with reference to the dismissal thereof, and, in response thereto, appellant has set out the copy of the same. No question is made but that it is such, and, having been relied on by both parties we properly may treat it as such in the case.
fftillowing the several titles of the proceedings in which the orders were entered, and lastly the title of this case, the stipulation provides “that plaintiff agrees to dismiss the appeals from the orders, and said Nancy J. Harrison, administratrix, agrees that she will waive the orders of the court granted against said Murfield and Barto, and that the funds ordered to be turned over to this administratrix may remain in the hands of said Murfield and'Barto until it is finally adjudicated in the said last case as to who is entitled to. the ..same. JDated this 20th day of May, 1907.”