New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-02-26
COURT or COMMON PLEAS-sPFcIAL TpRs-FEB. 2;
QUESTION oF PRACTICE-C0SS OF CoUB
Moses Parker az. Fred rick Link.

Moses Parker AT FREDERICK Link.
DAILY, T. within tho 10 days required by the
9Th rule the attorney the defendant filed nth tho clerk
COPY OF the case settled by the referee alter ch
the plaintiffs attorney upon an nthdaN ha the rue MA ho
abandoned
The defendant now moves to this order aside and the
plaintiff insists that the ns Of within The meaning o
the rule Is filing he aud amendment. as served WIN he
alterations aud corrections made BY The referee and not copy
As ters appears 70 b. doubt what the correct
course under his rule, It may be as well TO exanne what
course pursued before the rule was adopted. ,
denoe upon nsde by the parties snd settled by tha
Judge Introduced by the Gth rnlo OF the snrcme
Court Of January, l7h Coleman egt Gaines cases. p ~
Before The adopt Of that rule the Ens-h practice pre-
ysed Of hearing the motion upon the Jndge report o. ire
by il Ii. eet ds Pcies, u.s. North London Edition
Wyches Treatise the Practice Of the Supreme Court OF
By the rule Of T the MOVING party was required. within
poss party case aud The other patty hid given number y
days within which 90 serve ainendugn ~ unouuhrut.
before tho Judge who cd cause ana who, by the rao
required 70 see the ~ b. should deem 70 consist
notice ~ argument and when the motion was called on cop
Of the settled delivered o. him 70 the "ppo
An unfair advantage having been taken II tho practice
which made obligatory only serve the case - settled upon
the bringing Of the argument the Court In Peck iec
~ John r., 2l9, held that copy OF me ea2 a. sei
should he served upon the opposite party % OF before The e
serving gotlce OF Argument aud the Court aerward pro
vded by to that In an enumerated motions the party whose
dr.y !. furnish the papHr shoud srt Hh h' ho
arynueht copies o. Gil iNr
TO novel and which provision s continues Il oFco tAVe
Under , rractcs as IN ,hs power Of the moving party
create delay, by keeping the case Ia his posse sion te
was settled disposed act unfiy 20 neaf the o'hcI
party IN Peck Peek, By assuring him thal II Wa'
not yet settlet
file with the Crk In ten days ai.e se,temen under ne
penalty OF s being declared abandoned Tho ten days ~ the
rule are computed from the time of the settlement Uhla ~
the Is sed BY the jude IN The presence Of the
PARTIES or when the case, with the allowed endents On
Le corrections nsd- by the judge sd delivered by ua 20 IN
party or l. the habit In the Court 70 tho cerN Of
tho Court The party mailing up the h then entitled "a
possession OF fr al days. that he may prepare the
eopy settled which, under The f2d Rule be required
upon the opposite party esa days before tue time
noticing Tor srx nei and 6efgre tie days have expired
ns 4ns the rule he &. le the original paper that H.
tho and amendments they came nom Ia. Judge OF
referee nth the corrections or allowances a. made DJ hin
With the CLERK.
mo object Of W provision Il 70 enable tie other party II
ths Jidge Referee BE- allowed What correction D.,
maLes tia, he may have 'he OF sscerainns Bhob"
the COPS of the case which served upon hn tor the treu
rent correct transcript Of the not. IL lciit.e
the object Of tho rule 10 ME 81 the time transcript Of
copy 9th. settled. and upon tire opposite parry
that the has been fled h enables him, IN ter
DAYS th. sediment - compare the transcript " copy o.
de oi tie case s.tcd with the OF gnd ptpcr aud thu
has been pursued cor many yes ~ nearly all the pfac
.ltioneTs IA this Court. ,
The defndant therefore In IN supposlns that
cow OF the ease a. settled all that he required O. NE
aud thai ho was entitled keep e original papers IN he owl
possassi1n But - h. acted Ia good i',h, and ~
with what de- aled % he ta Froico IN an eriAy
work AhtaseTs Practice i3 "a o. ne ~ Dc re'f 20
without terms. bling Nh TIE clefs me v.i-iha.
der ny be- entered vsca the oer deeaps me case 70 DC