Filley v. Cody

Per Cv/riam.

In the case of Cooper v. The American, etc., Insurance Co., 3 Col. 318, we held that a judgment rendered in vacation was void.

*110In the case at bar, however, the parties stipulated that the motion for a new trial should be heard by the judge in vacation; and, in case the motion was denied, that judgment should be rendered and entered as of the trial term, and should have the same force and effect as if made and entered of record during that term.

Undoubtedly, if such a stipulation can avail to give validity to the judgment, the litigant parties should be held to its terms.

It is but…