The $100 was duly tendered to and received by the defendants prior to their filing a notice of appeal from the order, and the said sum has been retained by them. Defendants admit their receipt and retention of the $100. Upon the argument of the appeal, plaintiff renewed its motion to dismiss the appeal on the ground that the defendants' acceptance and retention of the $100 paid to them pursuant to the order, constituted a waiver by them of their right to appeal from the order...
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