Wade v. Wade

Headnote

Where plaintiff’s attorney omitted (by mistake) to serve a copy order staying proceedings to prepare and serve a case, until judgment had been entered and notice of taxation of costs given, held, that he might have twenty days for that purpose, on payment of costs of motion: judgment to stand as security.

Motion for leave to plaintiff to prepare and serve a case in this cause-» and for a stay of defendant’s proceedings until the order of this court thereon.—Facts: Plaintiff’s attorney procured an order from the circuit judge next day after the trial for this same purpose and informed defendant’s attorney of it, but did not serve a copy of said order (by mistake) until some eight days afterwards, in the mean time defendant’s attorney had perfected his judgment and given notice of taxation of costs.