James v. Fellowes & Co.

A motion is made to dismiss the appeal on the ground! that the appellant has acquiesced in, and voluntarily executed, the judgment before appealing therefrom.

It is objected, first, that the motion was not made until long after the three days after the return day; secondly, there is no evidence before the court to prove any acquiescence, or ratification, or execution of the judgment appealed from; the evidence offered in the court *38below, on a similar motion made in that court, was rejected, and forms no part of the evidence in the case; thirdly, there was no legal judgment to satisfy or…