Haskins v. Sebor

2 Johns. Cas. 217

Opinion

Per Curiam.

As the defendant did not apply at the July term, hut has suffered two terms to elapse, since the defendant’s default, he must be considered as having waived the default, and the plaintiff is *freed from his stipulation. This being, then, as it were, the first application, the plaintiff is entitled to a new stipulation; and the motion must be denied.

Rule refused.(

Footnotes

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a)

(a) See Grah. Prae. 2d ed. 616-G18, 619.