¶1held that the plaintiff in error was not in ■ default for not giving notice of the settlement and stipulation to counsel for the opposite party, who had never appeared generally in the cause, and could not therefore be mulcted in costs, and that under the stipulation the- writ must be dismissed without costs.
29 Mich. 201
Welsh v. Carrier
Decided April 8, 1874
Michigan Supreme Court · decided 1874-04-08
When this cause came on to be heard, counsel for plaintiff in error called attention to a stipulation on file signed by the plaintiff in error, and by at least one of the defendants in error, for a dismissal of the writ of error. Counsel for defendants in error, on a showing that he had had no notice of such stipulation, and had noticed the case in good faith and prepared for the hearing, moved for costs.
Decided 1874-04-08