Fadely v. Fadely

The opinion of the court was delivered by

Hutchison, J.:

The appellees move to dismiss the appeal in this case because the appellant has accepted substantial benefits of the judgment, and has thereby waived his right of appeal and is estopped to maintain such after receiving and appropriating the benefits of the judgment. The benefit referred to is an attorney fee of $500'allowed by the trial court as a fee for plaintiff’s attorney, and was a part of the judgment rendered from which the appeal is taken.

*288Appellant maintains that the nature and character of this action make it an exception to the…