Bass v. Ring

With the conclusion reached by Mr. Justice Stone upon the motion to dismiss the appeal, I cannot agree. Respondents have contended that appellant, having accepted the benefits of the judgment, cannot now appeal from its nonbeneficial aspects. In support of this rule, courts have said that it imposes upon litigants a requirement of consistency which is not satisfied where a parly accepts benefits from a judgment Avith one hand and attacks it with the other. Harte v. Castetter, 38 Neb. 571, 57 N. W. 381; McGrew v. Grayston, 144 Ind. 165, 41 N. E. 1027; Webster-Glovor Lbr. & Mfg. Co. v. St.…