Majority
p. 135Witmore against Russel. ALBANY, August, 1805.
Headnote
If a stipulation be given before motion made, to entitle to costs upon it, it should be entered,and a rule for judgment nisi taken out, and served with a certified copy of the bill of costs.ON an application for judgment, as in case of nonsuit, the defendant wished to include, in the costs now ordered to be paid, on stipulating, those taxed on a former stipulation, given without motion, but not entered with the clerk.
You should have filed your stipulation, entered a rule nisi for judgment, served a certified copy of the rule, with a taxed bill of costs, and made a demand of pay
p. 136
ment. You can take nothing by your motion unless you account for the not doing so.
N. B. This being done, the defendant obtained his costs* but the plaintiff had leave to stipulate again.