Hutchinson v. Bours

Field, J. concurring.

The main error assigned is that the judgment was entered in vacation. A verdict was found in the Court below, in January, 1857, and motion was thereupon made for a stay of proceedings, which was granted, to enable plaintiff to move for a new trial. ETo judgment was then entered. On the 26th day of January, plaintiff filed his statement on motion for new trial, and, on the following day, defendants filed their amendment. On the 81st January, plaintiff and defendants made an agreed statement and filed it, and on the same day, by consent, in open Court, waived all objections…