Opinion
(August Term, 1851.)
1. A party cannot appeal when the judgment is in his favor just as he wanted it.
2. It is only when both parties except to the judgment as erroneous that both have a ground for appeal.
APPEAL from Settle, J., at BURKE Spring Term, 1851.
This is the same case which has been decided at this term upon the appeal of the plaintiffs, and is brought up here upon the appeal of the defendants with a view of presenting an exception because of the rejection of Fleming, who was offered by the defendants for the purpose of proving that the sale and delivery of the bond had certain conditions annexed thereto.
Avery and Bynum for plaintiffs.
N.W. Woodfin and Gaither for defendants.
We cannot entertain the appeal. The defendants do not except to the judgment. It is just what they asked for — they are not "dissatisfied therewith." How can they appeal?
It is only when both parties except to the judgment as erroneous that both have a ground for appeal, as in the case of Devereux v. Burgwin, 33 N.C. 490. The defendant excepted because of error in not giving judgment in his favor, and the plaintiff excepted because of error in that he was not allowed interest upon the $1,000 for which he had judgment.
The appeal must be dismissed and the defendants will pay the costs of appeal.
PER CURIAM. Appeal dismissed.
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