Zorn v. Lamar

Jackson, Chief Justice.

A motion was made to dismiss this writ of error, on the ground that the plaintiffs in error consented to the final judgment which disposed of the case below, and thereby gave this court jurisdiction to review it. “ Consensus tollit errorem ” is a maxim as old as the civil law, and it has been applied to the common law from the times whereof the memory of man runneth not to the contrary; especially to causes brought by writ of error for review. This court has recognized and enforced it, and it is not an open-question here that where a judgment below is consented to by…