Benedict v. Caffe

In this case the plaintiff having recovered a verdict, I allowed the defendants time to make a case, but with privilege to the plaintiff to enter his judgment as security.

One of the defendants, originally, was Henry Laverty, second endorser of the note sued upon, who answered the complaint and died before trial, and the suit was continued under § 121 of the Code against his executrix.

A motion is now made—

I. (By all the defendants) that the order made by me, so far as it allows the plaintiff to enter his judgment, be vacated, on the supposition that after judgment it is too late to move for a…