Hyperlawhypertext legal databasebeta Haskins v. Sebor 2 Johns. Cas. 217

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Haskins v. Sebor

2 Johns. Cas. 217 Court N.Y. Sup. Ct. English

Contents

Majority

p. 217-91
Haskins against Sebor.

Headnote

Where the plaintiff stipulates to try the cause at the next circuit court, but does not, and the defendant neglects to move for judgment as in case of nonsuit, at the next term after the default, it is a waiver of the default; ' and the plaintiff will he entitled to stipulate anew, if the motion is made ,at a subsequent term.
Issue was joined in this cause, in February term last, and in April term the plaintiff stipulated to try the cause at the next circuit, which was held in July last: but did not bring on the cause to trial, though younger issues were tried.
Pendleton, for the defendant,
now moved for judgment, as in case of nonsuit.
jB. Livingston, contra.

As the defendant did not apply at the July term, hut has suffered two terms to elapse, since the defendant’s default, he must be considered as having waived the default, and the plaintiff is *freed from his stipulation. This being, then, as it were, the first application, the plaintiff is entitled to a new stipulation; and the motion must be denied.

Rule refused.([1] )

Footnotes

  1. a a (a) See Grah. Prae. 2d ed. 616-G18, 619.