Brewster v. Wooster
26 N.Y.S. 912 | The Superior Court of the City of New York and Buffalo | 1893
The authorities on which the respondent relies-in support of the motion to dismiss the appeal all rest upon the proposition that a party cannot do any act inconsistent with his-appeal, and yet claim the benefit of the appeal. The case before us does not faff within the reason of this rule. Appellant’s plea in another action of the recovery of the judgment in question is not.