Legal Opinion
Haskins v. Sebor
New York Supreme Court
Decided January 15, 1801PublishedCited by 2 opinions
Issue was joined in this cause, in February term last, and in April term the plaintiff stipulated to try the cause at the next circuit, which was held in July last: but did not bring on the cause to trial, though younger issues were tried.
1Per curiam
As the defendant did not apply at the July term, hut has suffered two terms to elapse, since the defendant’s default, he must be considered as having waived the default, and the plaintiff is *freed from his stipulation. This being, then, as it were, the first application, the plaintiff is entitled to a new stipulation; and the motion must be denied.
Rule refused.(a)(a) See Grah. Prae. 2d ed. 616-G18, 619.
2Cited by2 opinions
- Benedict v. HowellSupreme Court of New Jersey · 1877
- Champion v. WebsterNew York Supreme Court · 1860