
    William H. Gurney vs. David Parks.
    Where a verdict was rendered for defendant at the circuit, and plaintiff moved for a new trial on a hill of exceptions, which was decided in favor of the defendant; and pend' ing the motion for a new trial the defendant died; the defendant, on application, was permitted to enter judgment as of the next succeeding term, after verdict, during the life time of defendant.
    
      Motion by defendant for leave to enter up judgment on the verdict rendered in this cause, as of May term, 1841.—Replevin, tried at the Dutchess circuit, 1840; verdict for defendant for rent, $179, and the value of the goods were assessed at $260. Proceedings were stayed, and bill of exceptions brought by plaintiff’s attorney. On the 12th December last, defendant’s attorney served a notice of argument on plaintiff’s attorney, for January term last; at which term judgment of affirmance was rendered for defendant. David Parks, the defendant, died on the 10th March, 1843, pending the motion for a new trial.
    Plaintiff’s attorney states he never received any notice of argument in the cause for January term last.
    M. T. Reynolds, Lefts Counsel. D. Peck, Defts Mty.
    
    S. Stevens, Plffs Counsel. William Eno, Plffs Mty.
    
   Bronson, Chief Justice.

This question is decided by the case of Spalding vs. Congdon, 18 Wendell, 543.

Decision.—Motion granted.  