Majority
p. 507Griswold against Lawrence. read an affidavit, stating that the defendant agreed with the attorney and counsel of the plaintiff, that the cause should go off without being tried,[1] and that notice of the agreement was given to the defendant’s counsel.
Headnote
An agreement to put off the. trial of a cause, made between the defendant’s and plaintiff’s counsel, must be in writing, otherwise, the court whl grant a rule for judgment as in C’>. e of nonsuit, for not proceeding.P.oot, for the defendants, moved for as judgment, in case of a nonsuit, for not proceeding to trial pursuant to notice.
Sherwood, contra,
This agreement should have been in wri- . . , . ting j but we would not grant the rule, if it appeared to us that there had been any intention to impose or mislead the
p. 508
plaintiff, his attorney, or counsel, accurately stated in the report. The case cited is not
Rule granted,.