contracts. In the Roman law, the contract of stipulation was made in the following manner, namely; the person to whom the promise was to be made, proposed a question to him from whom it was to proceed, fully expressing the nature and extent of the engagement and, the question so proposed being answered in the affirmative, the obligation was complete. 2. It was essentially necessary that both parties should speak, (so that a dumb man could not enter into a stipulation) that the person making the promise should answer conformably to the specific question, proposed, without any material interval of time, and with the intention of contracting an obligation. 3. From the general use of this mode of contracting, the term stipulation has been introduced into common parlance, and, in modern language, frequently refers to any thing which forms a material article of an agreement; though it is applied more correctly and more conformably to its original meaning to denote the insisting upon and requiring any particular engagement.
Law Dictionary – Alternative Legal Definition
A material article in an agreement. In practice. An engagement or undertaking In writing, to do a certain act; as to try a cause at a certain time. 1 Burrill, Pr. 889. The name “stipulation” is familiarly given to any agreement made by the attorneys engaged on opposite sides of a cause, (especially if in writing,) regulating any matter incidental to the proceedings or trial, which falls within their jurisdiction. Such, for instance, are agreements to extend the time for pleading, to take depositions, to waive objections, to admit certain facts, to continue the cause. See Lewis v. Orpheus, 15 Fed. Cas. 492. In admiralty practice. A recognisance of certain persons (called in the old law “fide jussors”) in the nature of ball for the appearance of a defendant 3 Bl. Comm. 108.