Pickering Lumber Co. v. Harris

This cause is before the “court on motion of the defendants in error to dismiss the appeal upon the grounds the plaintiff in error has accepted the benefits of that part of the judgment favorable to it, thereby waiving its right of appeal from that part unfavorable to it.

This action was instituted in the district court of Osage county by the Pickering Lumber Company, and judgment rendered in its behalf February 1, 1929. On motion of the defendants E. N. Lacy and Mrs. E. N. Lacy„ the trial court, on February 18, 1929, vacated and set aside the judgment as to them.. So much of the judgment…