Menges v. Robinson

This is a motion by two defendants to dismiss plaintiff’s appeal from the judgment. Two contentions are urged in support of the motion. The first of these contentions is that the plaintiff in whose favor the judgment was rendered has, subsequent to the institution of the appeal, taken affirmative action upon the judgment from which the appeal is prosecuted, thereby recognizing the validity of the judgment and consequently waiving his right to appeal. The second contention is that plaintiff’s opening brief is fatally defective in that it fails to set forth on the first page thereof a statement…