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.
Olney v. Bacon
Court: New York Supreme Court
Date filed: 1805-08-15
Citations: 3 Cai. Cas. 132, 1 Cole. & Cai. Cas. 474
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