Woolf

Action for the recovery of possession of real property. Plaintiff had judgment. Subsequently defendants moved to set aside and annul the judgment, which was denied. Defendants appeal from the judgment and from the order denying their motion to vacate the judgment.

The judgment was as follows: “This matter coming on regularly for trial, in open court, by the court, both parties having waived a jury, the 24th day of September, 1908, in the presence of Gavin McNab, Esq., counsel for plaintiff, and of Joseph Slye, Esq., of counsel for the defendants, Louis Woolf and Mary L. Woolf, and of said defendants, and the parties hereto having entered into a stipulation in open court and duly reported by the official reporter of this court, whereby the amount payable by the defendants to plaintiff was fixed at thirteen hundred ($1300) dollars, together with subsequent costs including the calendar fee and reporter’s fee, five hundred ($500) dollars of said sum to be paid by the 28th of September, 1908, and the remainder within thirty days from said 24th day of September, 1908, and whereby it was agreed that in the event the said money should not be paid in accordance with said stipulation at…