33 N.J.L. 33 | N.J. | 1868
The opinion of the court was delivered by
The plaintiff’s attorney was wrong in entering his judgment nunc pro tunc, without a special order of the court. Such a judgment is not usually allowed, unless one of the parties has died pending the proceedings. When the justice who tried the cause makes an order for a judgment and execution, before the term of the Supreme Court, as authorized by the 39th section of “ an act to simplify the
According to the practice of the King’s Bench in England, a final judgment was not entered until the lapse of four days after the rule for judgment nisi, during which time the defendant might move for a rule to show cause, or present a writ of error. This delay has been abolished by our rules, which permit a rule to show cause to be moved for during the term, and by the provisions of “ an act respecting writs of error.” Nix. Dig. 287.
The interest on the sum for which the final judgment was
The motion of the defendants’ counsel must be denied.
Rev., p. 886, § 241.
Rev., p. 373.