Majority
p. 95Bain against Thomas and Geeen
Headnote
No agreement between attorneys can be noticed unless reduced to writing. See 1 Caines’ Eep. 148, n. (a.)Russel moved for judgment as m case of nonsuit.
Blanchard resisted tbe application on an affidavit stating a conversation, which he considered as an agreement to waive the irregularity.
Russel wished not to rely on the rule respecting written agreements, could the conversation be substantiated.
The court cannot take notice of agreements between attorneys, unless reduced to writing. If it is intended to waive the rule on this subject, the motion must be withdrawn ; otherwise judgment of nonsuit must be entered, unless tbe plaintiff stipulate and pay costs.[1]
Motion granted nisi
[1] [1] Parker v. Root, 1. J. R. 320; Combs v. Wyckoff, 1 Cai. R. 147 ; Shadwick v. Phillips, 3 Cai. R. 129 ; Dubois v. Roosa, 3 J. R. 135; Brandt ex dem. Palmer v. Borrian, 3 Cai. R. 131 ; Griswold v. Lawrence, 1 J. R. 507; Browes v. Wellington, 1 Sandf. E. 664.