New York Supreme Court, 1805

Olney v. Bacon

Olney v. Bacon
New York Supreme Court · Decided August 15, 1805
3 Cai. Cas. 132; 1 Cole. & Cai. Cas. 474

Counsel

Woodworth,, Foote contra,, Woodworth in reply.

Olney v. Bacon

Opinion of the Court

Per curiam.

The stipulation- was- defective, for the object of the plaintiff could not have been obtained by it; nor does it state to have been made with a view of superseding the necessity of an application- to- the court.- But the order to stay proceedings, having in fact expired before the default for not assigning errors was entered, the defendant *133Was regular; though, as there has been some misapprehension, and a delay from accident, it must be set aside on pay-mentor costs and assigning errors in twenty days.

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