Aurrecoechea v. Bangs (110 U.S. 217)/Opinion of the Court

by Morrison Waite

United States Supreme Court

110 U.S. 217

Aurrecoechea  v.  Bangs

The counsel on both sides stipulated in writing to submit this case under rule 20. The stipulation bears date November 15, 1883. It was filed here on the twelfth of December. By its terms the counsel for the plaintiff in error was to have until the twelfth of December to serve and file his printed argument; the counsel for the defendant in error until the twenty-fifth of December to serve and file his printed argument; and the counsel for the plaintiff in error 10 days to reply. No argument has been filed in behalf of plaintiff in error, but one was filed in behalf of the defendant in error on the fifteenth of December. On the last day for submitting cases under the rule, which was after the expiration of the time the plaintiff in error was entitled to for his reply, the defendant in error submitted the case under the stipulation. In Muller v. Dows, 94 U.S. 277, it was decided that stipulations of this kind between counsel might be enforced, and that they could not be withdrawn by either party without the consent of the other, except by leave of the court upon cause shown. We therefore take the case as submitted under the rule, although there is no argument for the plaintiff in error, and without passing specially upon the several assignments of error, which were returned with the transcript in accordance with the requirements of section 997 of the Revised Statutes, affirm the judgment.

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