Hancock v. Hillegas

11 F. Cas. 401, 2 U.S. 380, 2 Dall. 380

Opinion

BY

THE COURT.

The agreement is to enter judgment for what may be due. The plaintiff has no right to decide the question. It is evident, from the terms of the agreement, that there was something to settle; and the plaintiff, either by arbitration, or by a jury, should have proceeded to make the settlement, with notice to the defendant, before he entered the judgment; or, at least before he issued the execution. The rule made absolute.