General
Smith v. Davids
1 U.S. 4101 Dall. 410·Supreme Court of Pennsylvania·1789·PA
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Opinion
*Smith v. Davids.
Rule for trial or non-pros.
A rule for trial, or non-pros, was taken in September term 1787, and notice at bar was entered on the docket. The cause was afterwards continued, generally, until January term 1789, and no notice given.
The cause being now marked for trial, the plaintiff moved to put it off.
[MAJORITY]
But the Court held, that the rule for trial, or non-pros., was continued; and that no new notice was necessary. If, therefore, the plaintiff does not go on to trial, the defendant is entitled to a non-pros.
s. p. King of Spain v. Oliver, Peters C. C. 217; and see Halhead v. Ross, ante, p. 405.