NUMBER 191 1921

Question. An action for damages resulted in a verdict for the plaintiff; thereupon a motion was made to set aside the verdict, which was denied by the Court with an opinion. No judgment has been entered, and no order denying the motion. Plaintiff and defendant and their respective attorneys have agreed that the defendant pay to the plaintiff the amount of the verdict upon condition, however, exacted by the defendant, that the plaintiff consent to the setting aside of the verdict.

In the opinion of the Committee is there any professional impropriety in a stipulation to that effect, or in securing an order in accordance with the stipulation?


Answer. In the opinion of the Committee, there is no professional impropriety in the stipulation, nor in securing an order in accordance therewith; but the Committee expresses no opinion upon the legal right of the parties to secure such an order, or the duty of the Court to grant it.