Burnham v. Smith

By the Court,

Paine, J.

This was an appeal from an order refusing a new trial. The action was brought to foreclose a mortgage, and an answer was filed, the nature of which does not appear in the papers brought here by the appeal, but which, it seems, was treated as forming an issue. A few days before the case was likely to be reached, in its *259order for trial, the defendant, desiring to be absent a short time, his counsel obtained a verbal stipulation from the counsel of the plaintiff, that the cause should not be pressed for trial before his return. The defendant himself seemed to understand…