
    Hatfield against Baldwin.
    If the defendant after verdict, tender the amount-recovered with. . all the costs, up to the time-, the court will order further proceedings to he stayed. .
    
      Ostrander moved for a rule to stay further proceedings in this cause, upon payment of the amount of the verdict with the costs, up to this time, the same having been tendered to the plaintiff.
    Henry, contra,
    read, an affidavit, stating that this was an action of slander, in which a verdict was found for the plaintiff, who wished to have it entered up of record in justification of his character.
   Per curiam.

Whenever the defendant tenders the whole amount of the demand of the plaintiff, with all the costs which have accrued, it would be unjust to oblige the defendant to pay further costs, and for no beneficial or necessary purpose.

Spencer, J. dissented.

A tender may be made before the action, or before issue joined, but I know of no rule that obliges the plaintiff to accept a tender after verdict.

Rule granted.  