Stipulation

A material article in an agreement. The term appears to have derived its meaning from the use of stipulatio above given; though it is applied more correctly and more conformably to its original meaning to denote the insisting upon and requiring any particular engagement.

2 Pothicr.

Obi., Evans ed.

19.

In Practice. An agreement between counsel respecting business before a court. Anderson, L. Diet. A case may be reversed on stipulation in the appellate court; Union Mut. Life Ins. Co. v. Waters, 124 U. S. 3(19, 8 Sup. Ct. 510, 31 L. Ed. 474. A stipulation of counsel does not bind a court to retry a case; Kidd v. Mc Millan, 21 Ala. 325; nor to continue the argument of a motion; Ford v. Holmes, 61 Ga. 419; but it does bind the court on a question of costs; Dorr v. Steichen, 18 Minn. 20 (Gil. 10 ). A stipulation entered into for the purpose of saving time may be repudiated, where the facts subsequently developed show that it was inadvertently signed; but sufficient notice must be given to prevent prejudice to the other party; Carnegie Steel Co. v. Iron Co., 185 U. S. 403, 22 Sup. Ct. 698, 46 L. Ed. 968. In Admiralty Practice. A recognizance of certain persons (called in the old law fide jussores) in the nature of bail for the appearance of a defendant. 3 Bla. Com. 108. These stipulations are of three sorts: namely, judicatum solvi, by which the party is absolutely bound to pay such sum as may be adjudged by the court; de judicio sisti, by which he is bound to appear from time to time during the pendency of the suit, and to abide the sentence; de ratio, or de rato, by which he engages to ratify the acts of his proctor: this stipulation is not usual in the admiralty courts of the United States. • The securities are taken in the following manner: namely, cautio fide jussoria, by sureties; pignoratitia, by deposit; jurat oria, by oath: this security is given when the party is too poor to find sureties, at the discretion of the court; nuda promissoria, by bare promise: this security is unknown in the admiralty courts of the United States. Dunl. Adm. Pr. 150. STIRPES (Lat.). Descents. The root-stem, or stock of a tree. Figuratively, it signifies in law that person from whom a family is descended, and also the kindred or family.