Farnam v. McClure

In this case, the Chief Justice decided that after one stipulation to proceed to trial, a defendant is not bound to accept a second stipulation, although furnished with the excuse of the plaintiff. A defendant is not bound in such case at his peril to know that the excuse will be held sufficient, but may proceed and apply for judgment as in case of nonsuit, which will be granted, unless the plaintiff stipulates anew and pays costs.