
    43059.
    OLDS v. HAIR et al.
    Submitted September 12, 1967
    Decided September 28, 1967.
   Jordan, Presiding Judge.

This is a cross appeal by one of two

defendants in the lower court, based on the overruling of a general demurrer to the petition. Subsequent to the filing of this cross appeal the plaintiff voluntarily dismissed his action in the lower court and withdrew his cross appeal to this court. The other defendant withdrew the main appeal as being moot by reason of plaintiff’s dismissal of the action in the lower court. As the issue on this cross appeal is also moot, and the cross appellant would receive no benefit or advantage from a decision, it is dismissed. See Code Ann. § 6-809 (b, c).

Appeal dismissed.

Deen and Quillian, JJ., concur.

Cumming, Nixon, Eve, Waller & Capers, Samuel C. Waller, C. Thomas Huggins, for appellant.  