Grunberg v. Blumenlahl

— It is a settled rule of practice that if a party proceeds under an order, or accepts any benefit thereunder, it is a waiver on his part of the right of appeal; and if after taking an appeal he proceeds under the order appealed from, or accepts any benefit thereunder, he in like manner waives his appeal. In other words, he must be consistent and stand by the position he elects to take. He must rely upon his appeal or abandon his right to it and act under the order He cannot do both. He is not permitted to test the accuracy of the order by appeal, and at the same time accept any benefit which…