Can a plaintiff appeal from a judgment against him?

The plaintiff now appeals from this judgment in the case at bar, his counsel contending: (1) That the learned trial Judge was bound by above agreement to give judgment for the plaintiff; (2) That, in any event, the learned trial Judge erred in giving judgment against the plaintiff, as there were no facts before him, the action not having been tried and no evidence taken. (1) As to the first contention, I do not think plaintiff's counsel is correct. While the agreement would be binding on counsel if the learned trial Judge acted on it, yet the latter was not bound by it. And if such facts were brought to his notice as would not warrant his giving the judgment agreed upon by counsel, he would be right in refusing to give such judgment. (2) As to the second contention, I think the plaintiff is right. In my opinion, when the learned trial Judge found he could not give judgment as agreed by counsel, before giving another judgment he should have given the parties to the action an opportunity of going to trial, and submitting evidence, because the only judgment which counsel agreed should be given, without trial or evidence, was a judgment similar to that given in the Peterson v. Flack Case, that is, if judgment were given for plaintiff in the Flack Case, judgment was to be given for plaintiff in the Bishop Case; and if for defendant in the Flack Case, judgment was to be for defendant in the Bishop Case.