1124 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75.
Cases by Consent.
1888, ch. 410.
51. Parties may, if they think fit, enter into an agreement in
writing, which may be filed and docketed as a case inter partes,
that upon the finding in the affirmative or negative by a jury of
a certain issue or issues recited in said agreement, a sum of
money fixed by the agreement, or to be ascertained by the jury
upon a question inserted in the issue for that purpose, shall be
paid by one of such parties to the other of them either with or
without the costs of the action.
Ibid.
52. Upon the finding of the jury on any such issue or issues,
judgment may be entered for such sum as shall be so agreed or
ascertained as aforesaid, with or without costs, as the case may be,
on which execution may issue as in other cases, unless otherwise
agreed, subject to the right of either side to move to set aside the
verdict or for a new trial, and such judgment shall have all the.
effect and incidents of other judgments at law.
Ibid.
53. Parties may after action docketed at any time before
judgment, by consent and order of the court, state any question
or questions of law in a special case for the opinion of the court
without any pleading.
Ibid.
54. The parties may, if they think fit, enter into agreement
in writing, filed in the cause, that upon the judgment of the
court being given in the affirmative or negative of the question
or questions of law raised by such special case, or any of them,
a sum of money fixed in said agreement by the parties, or to be
ascertained by the court, or in such manner as the court may
direct, shall be paid by one of the parties to the other of them,
either with or without the costs of the action, and the judgment
of the court may be entered for such sum as shall be so agreed
or ascertained, with or without costs as the case may be; and
execution may at once issue on such judgment, unless otherwise
agreed, or unless stayed according to law on appeal or error, and
|
|