Whitehead v. Boorom

CHIEE JUSTICE ROBERTSON

delivered the opinion op the court.

This is a motion to set aside a judgment for ten per cent, damages rendered by this court during the winter term, 1869, on the affirmance of a judgment for money. The ground of the motion is the allegation that no supersedeas had been issued, and the last summer term having intervened, the only movement against the judgment for damages is a written notice that a motion would be made on the fifth day of the present term. A written response to that notice resists the motion on two grounds: first, unreasonable delay; and second,…