Kittredge v. Grau

On Motion to Dismiss Appeal.

O’NIELL, J.

Appellants sued to be de-

clared the owners of certain shares of stock claimed by defendants, and, in the alternative, prayed for a judgment for the value of the stock. Judgment was rendered in their favor for $2,860.50, which was less than they claimed. They took an appeal, which they characterized as both' a suspensive and a devolutive appeal. After the time allowed for taking a suspensive appeal had expired, defendants filed an answer to plaintiffs’ appeal, praying that the judgment should be amended by reducing the amount from $2,860.50'to $1,610.50.…