Leahy v. Stone

The contention of the plaintiff in error is, that notwithstanding the stipulation that this judgment should be final and that no appeal or writ of error should be prosecuted to reverse the same by either party, this writ of error- can be sustained because the stipulation was signed, not by the defendant, but by his attorneys for him, and that attorneys have no implied authority to make such a stipulation.

The certified check of' the defendant was deposited with the clerk in pursuance of the terms of the stipulation. The judgment was vacated and the defendant took part in the second trial and…