Consent Rule
A New Law Dictionary and Glossary · Alexander M. Burrill · 1850
A New Law Dictionary and Glossary
In practice
A stipulation in the form of a rule, which a defendant in an action of ejectment enters into at the time he enters an appearance, in which he specifies for what premises he intends to defend, and also undertakes to confess upon the trial, not only the fictitious lease, entry, and ouster mentioned in the declaration, but that he (if he defend as tenant, or if he defend as landlord, then that his tenant,) was at the time of the service of the declaration in the possession of such prenuses; and that if, upon the trial the defendant shall not confess such possession, as well as lease, entry and ouster, whereby the plaintiff shall not be able further to prosecute his suit against the defendant, then no costs shall be allowed for not further prosecuting the same, but the defendant shall pay the taxed costs to the plaintiff. This is the present form of the rule in England.
Chitt, Archb. Prac, 750. Archb. New Prac, 323. 3 Steph. Com. 673.