Majority
p. 107*Roosevelt against The Heirs of Fulton. NEW YORK, May, 1827.
Headnote
if a party afent^butafterwards appear and argue against a new merits°npon1a bill of excepgranted/“this and a vacatur dered. b6After a bill proposed at the amendmenr proposed, and livered^to the purpose” *of being settled; signed; this is a stay of proceedings.
ceptioM °f8í per se, and order^ a stay
be delivered to settled86 with amendments, an order should be ohtained for time.
0. Graham moved to enter on the record a vacatur of the judgment for the plaintiff in this cause.
One ground of the motion was, that a bill of exceptions ° L had been proposed at the trial, which, before the rule for judgment had been entered, was drawn, amendments pro-posed, and both were delivered to the judge to be settled, The plaintiff perfected his judgment before it was settled siSned b7 the judSe-
Another ground was, that a new trial had been granted (both parties appearing and arguing) on the bill of exceptions as mentioned ante, 71, S. G.
J. I. Roosevelt, contra.
The motion must be granted on both grounds. argument was a waiver of the judgment. On the first ground it must be granted with costs. A bill of exceptions proceedings, per se, after it is settled. To be sure, it is drawn and submitted for settlement, time should be . . obtained by order; but when once the draft and amendments are delivered to the judge, we have always considered the bill complete for the purpose of staying proceed-ings; though it be not settled and signed in fact. The party bas tben done every thing in his power towards perfecting it; and ought not to be prejudiced by the time which is required by the judge to review, and make it conform to ¿he truth of the case.
. . , Motion granted with costs,