Van Rensselaer v. Dole — 1 Johns. Cas. 239

Majority

p. 287

Van Rensselaer against Dole.

Headnote

The court will not set aside a judgment entered on a verdict, where a case is . made, nor hear the motion for a new trial, unless an order to stay proceedings has been obtained.

After verdict for the plaintiff, a case was made on which to found a motion for a new trial, but the defendant omitted to obtain a certificate that there was probable cause to stay the proceedings, and the plaintiff entered judgment on the verdict.

Van Veehten

moved to set aside the judgment as irregular, and to be heard on the motion for a new trial.

Woodworth, for the plaintiff,

insisted that the defendant had been guilty of neglect, in not obtaining a certificate to stay proceedings, and that the judgment was regular.

It was incumbent on the defendant to obtain a judge’s certificate to stay the proceedings, which is expressly required by the fourth rule of January, 1799. Not having done this, nor accounted for the neglect, we cannot interfere.

Rule denied.