New York Supreme Court July 23, 1886 (Alexander v. Alexander)

Barnard, P. J.

There is no doubt as to the general rule that when a party accepts the beneficial portion of a judgment or order he waives his appeal. This rule is subject to this modification, that when the thing or portion accepted is not inconsistent with the appeal, it is not a waiver. Knapp v. Brown, 45 N. Y., 210.