Platt v. Jerome

THIS case was brought up, by writ of error, from the Circuit Court of the United States for the southern district of New York.

Mr. Collamer, counsel for the plaintiff in error, moved that the writ of error be dismissed, and in support thereof filed the following paper, viz:

'This cause, which is now pending, on writ of error, from the United States Circuit Court of New York, is hereby settled and discontinued by mutual consent, each party to pay their own cost, and satisfaction is hereby acknowledged of all claims and demands between the parties hereto.

'Dated Waterbury, December 20, 1856.

'CHAUNCEY JEROME.

'O. H. PLATT.'

On the 24th of December, it was dismissed.

On the 9th of January, 1857, Mr. Foster, counsel for Jerome, moved to set aside the order of dismissal, and reinstate the case upon the docket, upon the ground that the agreement to dismiss was made by the party himself, when he was represented by counsel in court; and that Jerome had become insolvent, whereby all his interest, which was only for costs, had passed to this assignee. By dismissing the writ of error, the lien of defendant's counsel for fees, in this court and in the court below, would be lost.

This motion was argued by Mr. Foster in support thereof, and by Mr. Collamer in opposition thereto.

Mr. Justice NELSON delivered the opinion of the court.