Legal Opinion
Van Rensselaer v. Dole
New York Supreme Court
Decided January 15, 1800PublishedCited by 2 opinions
After verdict for the plaintiff, a case was made on which to found a motion for a new trial, but the defendant omitted to obtain a certificate that there was probable cause to stay the proceedings, and the plaintiff entered judgment on the verdict.
1Per curiam
It was incumbent on the defendant to obtain a judge’s certificate to stay the proceedings, which is expressly required by the fourth rule of January, 1799. Not having done this, nor accounted for the neglect, we cannot interfere.
Rule denied.
N. B. The case was afterwards argued and decided on its merits, by consent of parties. ■
2Cited by2 opinions
- Hotchkiss v. OlmsteadIndiana Supreme Court · 1871
- Priest v. CapitainSupreme Court of Missouri · 1911