Cronkhite v. Evans-Snider-Buel Co.

The first thing requiring our attention, is the motion of the defendant in error to dismiss these proceedings for the reason that the plaintiff in error has voluntarily accepted the benefits of the judgment of the court-below, and is, therefore, estopped from prosecuting error, to reverse the same.

It appears from the record and the evidence offered that, on June 17, 1893, judgment was rendered for the plaintiff in error and against the defendant in error for costs, amounting to $62.15, which was immediately paid into court. On June 24, J. A. Smith, the attorney of record for the plaintiff in…