Erie Railway Co. v. Ackerson
Supreme Court of New Jersey
Matter of practice. The issues joined in this case were tried at the circuit, in April, 1866, and a verdict having been rendered for the plaintiff, the judge allowed a rule to show cause why there should not be a new trial. A rule for judgment nisi was entered at June Term, 1866, and the defendants’ attorney entered the rule to show cause at the same term.
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Matter of practice. The issues joined in this case were tried at the circuit, in April, 1866, and a verdict having been rendered for the plaintiff, the judge allowed a rule to show cause why there should not be a new trial. A rule for judgment nisi was entered at June Term, 1866, and the defendants’ attorney entered the rule to show cause at the same term. At June Term, 1867, the court ordered a new trial, unless the plaintiff should elect to remit a part of the damages assessed by the jury. This he did, and a final judgment for the balance was entered nunc pro tunc, as of the day the…
1Opinion of the Court
The opinion of the court was delivered by
Elmer, J.
The plaintiff’s attorney was wrong in entering his judgment nunc pro tunc, without a special order of the court. Such a judgment is not usually allowed, unless one of the parties has died pending the proceedings. When the justice who tried the cause makes an order for a judgment and execution, before the term of the Supreme Court, as authorized by the 39th section of “ an act to simplify the *35pleadings and practice in courts of law,” (Nix. Dig. 738,*) a rule to show cause why there should not be a new trial only stays the proceedings; if the…
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