¶1Denied the motion, costs to abide the event, on the ground that defendant’s attorneys had accepted the stipulation to try at the April circuit. Plaintiff’s attorney not knowing of the adjourned circuit in season to notice for trial, costs of motion were ordered to abide the event.
2 How. Pr. 135
Stover v. Batterman
Decided April 15, 1846
New York Supreme Court · decided 1846-04-15
<p>Where defendant’s attorney receives a stipulation from plaintiff’s attorney to try at a stated circuit, and gives admission of service, and retains the stipulation, he cannot succeed on a motion for judgment as in case of nonsuit for not trying the cause at an mtenening adjourned circuit.</p>
Decided 1846-04-15