Jacobs v. Yale & Bowling

The opinion of the Court was delivered by

Todd, J.

There are two appeals in this case, one from an order dissolving an injuntion on bond, and another from a judgment on the merits.

Except on the ground of want of jurisdiction rations materice, embraced in one of the motions which we must notice on our own motion, we cannot consider these motions, since they were waived by the appellee’s answer to the appeal, wherein they asked that the judgment be affirmed, and for $300 damages for a frivolous appeal.

We could not grant these damages, or even affirm the judgment unless we take cognizance of the…