Deaver v. . Jones

Upon the return of a verdict by the jury the plaintiff proposed to the defendant that the verdict should be set aside by consent of the parties, and the court, upon such consent, made an order setting the verdict aside and granting a new trial.

On the day following, the plaintiff moved the court to set aside the order setting aside the verdict, and for judgment according to the verdict.

The defendant resisted the motion, but the court made an order reinstating the verdict, and defendant excepted and appealed. Where an order or judgment is made by consent it cannot be vacated or modified even at…