Seaver v. Moore

Headnote

Hrcmdulent stipulation — motion to set aside.

The plaintiffs applied for an order setting aside a stipulation, made in this action, vacating an order of arrest, alleging in their affidavits that their former attorney, who signed the stipulation, had no authority from either of them to make it, and that, for the purpose of obtaining thirty dollars, he willfully and corruptly stipulated away their rights herein; that there are entries in the register of 'defendant’s attorney, showing that, on the 6th June, 1870, such attorney made an agreement with the plaintiffs’ attorney to pay him thirty dollars for a stipulation to discharge the order of arrest, and that he did pay that sum on that date for said stipulation; and that plaintiffs had just been informed, by their present attorney, of the signing of the stipulation by their former attorney. The court held that the affidavit of defendant’s attorney did not satisfactorily meet the

charge and that the stipulation should he annulled, hut without prejudice to the sheriff, who was released by the order made upon-it from all responsibility.

Appeal from an order denying a motion to set aside a stipulation made in the action vacating an order of arrest.