Cogswell v. Colley

This is an appeal from an order granting a new trial. . The order was made conditional upon the payment by the defendant to the plaintiff of all the taxed costs of the former trial, and ten dollars as costs of the motion. A motion is made here to dismiss the appeal, upon the ground that before it was taken, the plaintiff’s attorney had accepted from the defendant the amount of those costs. "We think the motion must he granted. Such acceptance is a waiver of the right to appeal. To sustain an appeal after the party has accepted the money, would he contrary to that principle which prohibits one…