3 How. Pr. 63 | N.Y. Sup. Ct. | 1847
In perfecting judgment upon the report of the referee, without serving a copy of the report upon the Defendant’s attorney, the plaintiff is conceded to have been irregular, but he claims that the irregularity is cured by the waiver of the Defendant’s attorney, notwithstanding the rule which requires every agreement between parties to a suit, or their attorneys, to be in writing, in order to make it binding ; a party should not be allowed to avail himself of this objection, where the other party had been led to do or omit anything in the cause,, in consequence of a parol agreement.