[ G.R. No. 13384. April 10, 1918 ] 38 Phil. 208
[ G.R. No. 13384. April 10, 1918 ]
DEE SEE CHOON, PLAINTIFF AND APPELLANT, VS. J. S. STANLEY, INSULAR COLLECTOR OF CUSTOMS, DEFENDANT AND APPELLEE. D E C I S I O N
MALCOLM, J.:
Attorneys for appellant, on behalf of her husband, ask leave to withdraw the appeal. The Attorney-General, on behalf of the appellee, joins with appellant in requesting that the appeal be dismissed. The status of the case is this: Appeal has been perfected; briefs and memoranda on behalf of appellant and the Government have been presented ; the case has been placed on the calendar and submitted; judgment has been voted, but not promulgated. There is no rule of the court controlling the practice in relation to the dismissal or withdrawal of appeals to this court, except only on information as to the death of either party. Believing, therefore, that as has been done in other appellate jurisdictions, we should announce a rule in consonance with the better modern practice, we proceed to do so as follows:
After a case has been submitted, appellants, in order to withdraw their appeals, must obtain the consent of the adverse party or parties or show that such consent is being withheld for insufficient reasons, must make proper motion in this court, and must obtain the leave of the court.
Motions granted. So ordered.
Arellano, C. J., Carson, Araullo, Street, Avanceña, and Fisher, JJ., concur.