OUT OF COURT

He who has no legal statue in court is said to be “out of court,” i.e., he is not before the court. Thus, when the plaintiff in an action, by some act of omission or commission, shows that he is unable to maintain his action, he is frequently said to put himself “out of court.” Brown. The phrase is also used with reference to agreements and transactions in regard to a pending suit which are arranged or take place between the parties or their counsel privately and without being referred to the judge or court for authorization or approval. Thus, a case which is compromised, settled, and withdrawn by private agreement of the parties, after its institution, is said to be settled “out of court” So attorneys may make agreements with reference to the conduct of a suit or the course of proceedings therein; but if these are made “out of court,” that is, not made in open court or with the approval of the judge, it is a general rule that they will not be noticed by the court unless reduced to writing. See Welsh y. Blackwell, 14 N. J. Law, 345.