2 Johns. Cas. 217
Decided January 15, 1801
New York Supreme Court · decided 1801-01-15
Issue was joined in this cause, in February term last, and in April term the plaintiff stipulated to try the cause at the next circuit, which was held in July last: but did not bring on the cause to trial, though younger issues were tried.
Cited by 1 later decisions — most recently February 1877
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1801-01-15
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¶1As the defendant did not apply at the July term, hut has suffered two terms to elapse, since the defendant’s default, he must be considered as having waived the default, and the plaintiff is *freed from his stipulation. This being, then, as it were, the first application, the plaintiff is entitled to a new stipulation; and the motion must be denied.
¶2Rule refused.(
¶3(a) See Grah. Prae. 2d ed. 616-G18, 619.