Wynne v. Stevens

1. A petition for a rule nisi to foreclose a mortgage upon realty was presented to the presiding judge, who granted the rule. Three days later, the clerk made upon the petition an entry of filing. At the trial term, the defendant moved to dismiss the proceeding, upon the ground that the rule nisi had been granted before the filing of the petition. The motion was entirely without merit. Presenting the petition to the judge was equivalent to a filing of it in court, and *809the fact that he took official action upon it is itself evidence of such filing. The clerk’s entry was also evidence of the…