Ryan v. Anderson

Where parties by agreement consent to an appeal, it will be sustained, although error was the appropriate 'remedy.

This was a motion to dismiss an appeal, because the judgment below was for costs only, and the action did not relate to a franchise or freehold; and because the judgment was in favor of the parties appealing; and they did not sign the appeal bond. The record shows the following agreement: “It is agreed that this case may be appealed to the Supreme Oourt upon the bond of William McMurphy, R. M. Worthington, and George Metz, directors of said township, without further security.” The action was commenced by certain parties, as collector, treasurer and school trustees of township two, etc., in Schuyler county.