Boker v. Bronson
U.S. Circuit Court for the District of Southern New York
At law. This was an action at common law [by • John G. Boker against Greene C. Bronson], in which a verdict was rendered for the plaintiff. On a motion for a new trial made by the defendant, a written decision was made by the judge holding the court, and filed, granting a new trial on condition that the defendant “pay the costs of the trial within twenty days after service of this order.” [Case No. 1,605.] No other or more formal order was made.
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At law. This was an action at common law [by • John G. Boker against Greene C. Bronson], in which a verdict was rendered for the plaintiff. On a motion for a new trial made by the defendant, a written decision was made by the judge holding the court, and filed, granting a new trial on condition that the defendant “pay the costs of the trial within twenty days after service of this order.” [Case No. 1,605.] No other or more formal order was made. A copy of the decision was served, but, the costs not having been paid, the plaintiff now moved for judgment on the verdict.
1Opinion of the Court
SMADLEY, District Judge.
The question of practice in this case is, whether the decision of the judge is to be considered as an order, or whether a regular order should have been entered. The practice in this court is, to enter an order upon a decision made by the court. As no such order was entered in this case, the defendant was not in default in not paying the costs. The proper course was for the plaintiff to enter the order and serve a copy of it.
Motion denied.
2Cited by2 opinions
- Rust v. StateCourt of Criminal Appeals of Texas · 1892
- People v. TylerMichigan Supreme Court · 1859