Seyfert v. Edison

The opinion of the court was delivered by

Magie, J.

This motion is pressed on the ground of a lack of diligent prosecution on the part of the party holding the rule.

The verdict was rendered December 18th, 1882. Application for a rule was immediately made in accordance with rule • 43. The application was then or shortly afterwards understood to be granted, but no rule was signed until February 15th, 1883. The rule then signed was dated December 18th, 1882, and entered February 18th, 1883.

In favor of this motion it is insisted that the rule was not forthwith entered when granted, pursuant to rule…