1 How. Pr. 173
Decided June 15, 1845
New York Supreme Court · decided 1845-06-15
Motion by defendant for judgment as in case of non-suit.—Issue was joined in this cause, Oct. 28, 1842. The cause was tried at the circuit in and for Otsego county, in September, 1843, the plaintiff having previously stipulated to try at that circuit. A case was made for a new trial, which was argued at July term, 1844, and decided by this court at a subsequent term, (not stated by the papers,) motion for a new trial granted.
Decided 1845-06-15
¶1The rule that a party can not stipulate a second time as a matter of course, does not apply to a case of this kind, here the first stipulation had been fully performed, the cause was tried under it. The plaintiff therefore had a right to stipulate again.
¶2Lecision.—Motion denied with costs.