
    No. 8927.
    Wm. Bogel vs. H. A. Peeler.
   An appellant who has obtained the consent of the appellee to the dismissal of the appeal, has the right to discontinue the motion to dismiss, as long as it has not been acted upon by the court, where it does not appear that the dismissal is the result of a compromise or contract which has vested some right in the appellee.  