AURRECOECHA V. BANGS, 110 U. S. 217 (1884)

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U.S. Supreme Court

Aurrecoecha v. Bangs, 110 U.S. 217 (1884)

Aurrecoecha v. Bangs

Submitted January 4, 1884

Decided January 21, 1884

110 U.S. 217

Syllabus

When counsel stipulate to submit a case, fixing a time for filing of argument by the plaintiff, and a time subsequently for filing the defendant's argument, and a time still later for plaintiff's reply, and the plaintiff failing to file an argument, the defendant files one within the time allowed to him and the plaintiff files no reply, the Court will take the case as submitted under the rule.

Stipulations between counsel for submitting suits, when filed, cannot be withdrawn without consent of both parties. Muller v. Dows, 94 U. S. 277, approved and followed.

Page 110 U. S. 218