Description - Reports of Cases of Practice Decided by the Supreme Court and Court of Appeals; Since the Organization of the Judiciary Under the Amended Constitution by Nathan Howard
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1851 edition. Excerpt: ... SUPREME COURT SPECIAL TERM REPORTS. VOL. 3. NO. 5. Thomas L. Ogden & Josiah Fellows Vs. Oliver Lee. Where both parties to a suit, ready for argument in the Supreme Court, entered into a stipulation that the cause should abide the event of another suit, upon which a writ of error was brought to the Court of Errors, and that neither party should move in the stipulated cause until the final decision upon the writ of error cause; and the latter cause was decided in favor of the Defendant, and the writ of error returned; and at that time the Defendant in the stipulated cause died: Held, that judgment nunc pro tunc, as of a day previous to his death could not be entered--the cause abated. It was not a case where the delay had proceeded from the court. To entitle a party to such judgment, the delay must arise from the act of the court. The right to have the judgment must be determined during the life of the other party, and the court will not permit that right to be lost by its own delay. But in this case there was no stay of proceedings by the court. The parties agreed to stay until the decision of another cause. Motion by Defendant's counsel for judgment nunc pro tunc.--A stipulation was read by consent, in the following form: The same 1 vs. Oliver Lee. J The parties to the above entitled causes have mutually stipulated and agreed therein as follows: The first cause is to be tried at the Circuit Court to be held for Erie county for the 19th instant, upon the evidence, oral and written, contained in the bill of exceptions made and settled in said cause; each party shall take such exceptions as they shall deem proper to the ruling of the circuit judge, after the evidence has been presented. And it being anticipated that (under the decision of...
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