Goodenow v. Butler

New York Supreme Court

Goodenow v. Butler

1 How. Pr. 82

DecidedFebruary 15, 1845

StatusPublished

This text of 1 How. Pr. 82 (Goodenow v. Butler) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goodenow v. Butler, 1 How. Pr. 82 (N.Y. Super. Ct. 1845).

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Opinion

"Nelson, Chief Justice.

The true meaning of stipulation is, that plaintiff shall try his cause the first opportunity afforded him, and it can not be tried at next circuit by reason" of not having been reached, there is no default to be taken advantage of, nor is there complete fulfillment of the legal effect of the stipulation on the part of the plaintiff. It should be regarded as operating to compel a trial at the succeeding circuit. Motion granted; but with leave to stipulate.

Rule accordingly.

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"Nelson, Chief Justice.

The true meaning of stipulation is, that plaintiff shall try his cause the first opportunity afforded him, and it can not be tried at next circuit by reason" of not having been reached, there is no default to be taken advantage of, nor is there complete fulfillment of the legal effect of the stipulation on the part of the plaintiff. It should be regarded as operating to compel a trial at the succeeding circuit. Motion granted; but with leave to stipulate.

Rule accordingly.

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Bluebook (online)

1 How. Pr. 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodenow-v-butler-nysupct-1845.