Hitshew v. Dern

Potter, Chief Justice.

This cause has been heard on motion to dismiss the appeal; the ground of the motion, described generally, seeming to be that the appeal is frivolous and not taken in good faith for the reason that the judgment complained of was consented to by the appellants upon the trial “except in one particular only,” and that, should the judgment be reversed in that particular “it will not affect the relief granted.” The suit was brought to recover possession of real estate claimed by the plaintiff below, respondent here, under conditions stated in the pleadings, and the judgment…